Can Republicans Reopen the Government without Democrats?

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The U.S. government is closed for business. Paychecks are frozen, offices are dark, and thousands of federal employees are left wondering how long they can hang on. The truth is that the party in power (Republicans) could reopen the government today without a single Democratic vote, but only if it’s willing to rewrite one of Washington’s oldest rules. It’s called the “nuclear option,” and while it could end the shutdown, it might also detonate a political explosion that would damage both parties with its fallout.

The problem is that Senate Rule XXII requires 60 votes to cut off debate on most legislation. Without those 60 votes, a minority of senators (Democrats) can keep a bill bottled up indefinitely through a filibuster. The Continuing Resolution (CR) that would fund the government has fallen just short of that 60-vote threshold. All but three Democrats are holding out, leaving Republicans unable to advance the bill under Senate Rule XXII.

That’s where the nuclear option comes in. Technically speaking, the nuclear option is a procedural maneuver that allows the majority to reinterpret Senate rules by simple majority vote. A senator raises a “point of order” claiming that the 60-vote requirement conflicts with Senate precedent. The presiding officer overrules that objection, and the ruling is appealed. If a simple majority votes to sustain the appeal, that vote becomes the new precedent. In plain English, the Senate majority could decide to eliminate the filibuster for CRs and pass it on a simple majority vote. The tactic has been used before, most notably to remove the filibuster for judicial and Supreme Court nominations.

Here’s where the “fallout” enters the picture: once the filibuster is gone, it’s gone for good. What benefits the majority party today could benefit the other party tomorrow when it becomes the majority. Many senators on both sides of the aisle recognize this long-term consequence, so as tempting as it may be, they avoid it.

Still, conservatives are frustrated. Representative Marjorie Taylor Greene recently called for Congress to use the nuclear option, arguing that the Senate should bypass Democratic obstruction. In her words, “... I would like Congress to pass new Republican appropriation bills, instead of [continuing resolutions], and use the nuclear option to pass them through the Senate.” Unfortunately for her, those comments carry no weight because she’s a member of the House, not the Senate. Yet it illustrates how impatience is growing within the Republican ranks.

If the Republicans implement the nuclear option, the consequences would be historic. Using the nuclear option to pass a continuing resolution would end the standoff and reopen the government, but it would also mark the end of one of the Senate’s most precious traditions. It would shift the chamber further toward a “majority rules” institution, where the minority’s ability to influence legislation is far more limited. Also, if the CR becomes unpopular, the blame would fall squarely on the Republicans. They couldn’t blame the Democrats, although they would probably try. Bottom line: Yes, the Republicans could push the button, but it would be very risky politically.

For now, the filibuster stands, and so does the impasse. Republicans have the power to change the rules and act unilaterally, but doing so would alter the very nature of the Senate itself. Whether they ultimately push that button may depend less on parliamentary procedure than on how long their patience can last.

We live in interesting times.

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