Here's how Republicans can confirm Supreme Court nominees without the nuclear option

Under longstanding Senate rules and precedents, a legislative day is the period of time between when the Senate convenes and when it adjourns. The Senate could therefore have multiple legislative days within the same calendar day, or it could have a single legislative day span several months if it wished.

Why is this important? It is important because the Senate could confine the debate over a Supreme Court nominee to a single legislative day. By doing so, the Senate would effectively limit the number of speeches meant to obstruct a final vote to the number of obstructing senators times two. After each obstructing senator spoke twice, and assuming no supporting senators wished to debate the matter, debate would be automatically concluded, because obstructing senators would no longer be permitted to speak. Then, once debate on a matter is closed, a final vote on the matter — in this case the confirmation of a Supreme Court nominee — would take place.

Rather than current practice, which allows 41 senators to indefinitely prevent a final vote without ever lifting a finger or uttering a word of debate, enforcing the two-speech rule would require the obstructing senators to proactively and continually debate to delay a final vote. If at any point the Senate floor were abandoned by the obstructing senators, the chair could ask if there were any further debate on the matter. If nobody rose to speak, then debate would be over.

Enforcing the two-speech rule would thus turn current practice on its head and force obstructing senators to do all the work to maintain the filibuster. It would require them to monitor the floor 24/7 for days and weeks on end to continue the debate. Even if they could muster that kind of stamina and coordination, there would still be a vote once each opposing senator had spoken twice. If opposing senators were to let their guard down even for a minute, the majority could move to end debate and force a final vote. Either way, a final up-or-down vote is guaranteed. The only question is how much pain the obstructing senators wish to inflict on themselves before that happens.