AjayGhatak
Trusted Member
Both tried and failed because they could not gather enough senators to stop the decision of the chair from sustaining.It's not a simple vote if both tried and failed in the senate to invoke the Nuclear Option even if both party had senate simple majority. As I said, you can appeal to any motion, that's why people will think twice, and it was not used as much as it can.
In Jan 2022, Schumer made a point on order to remove fillibuster for voting rights legislation. Its appeal against chair decision was not sustained so it could not go through. It failed 52-48. 2 Democrat senators voted with republicans to stop it.
There is no procedural or constitutional issue in using nuclear option for legislation. It is basically issue of establishing consensus among senators of even one's own party.










