Now we are learning there is NO way the GOP can stop a Justice appointment!

[rgbecker]

Last edited Thu Jan 27, 2022, 06:14 PM - Edit history (1)

Got the wrong story, so sorry and thanks so much DU for setting me straight. As stated below, apparently, unless a Democrat Senator along the way doesn't go with Biden's pick, a stalemate in the Judicial Committee and full support from the 50 Democratic Senators will confirm his nominee...Ya-Hoo!

[CrackityJones75]

1. uhhh what?

[onenote]

2. No there isn't.

What we're learning (except you) is that there was a totally screwed up story by a Time Magazine writer that suggested that there was a way and that was later corrected after it was pointed out how wrong it was.

But if you think there is a way, please elaborate.

[rgbecker]

3. Yes read this from Robert Hubbell:

Many Democrats assume that the nomination can be pushed through at breakneck speed because they hold a 50+1 majority in the Senate. Not so. The problem is that the Judiciary Committee is split 11-11 between Democrats and Republicans. It operates under a power-sharing agreement that gives Democrats the chair of the Committee, but the rules for sending a nomination to the floor still apply. At least one Republican must join all Democrats on the Committee to send the nomination to the floor, at which point confirmation can be granted on a majority vote of 51 Senators (including V.P. Harris, if necessary).

The eleven Republicans serving on the Judiciary Committee are Chuck Grassley, Lindsey Graham, Mike Lee, John Cornyn, Ted Cruz, Ben Sasse, Josh Hawley, Tom Cotton, John Kennedy, Thom Tillis, and Marsha Blackburn. How will they vote? While it is too early to answer that question, every Republican Senator on the Judiciary Committee voted to acquit Trump of inciting insurrection—with the exception of Ben Sasse.

If the Judiciary Committee does not send the nomination to the Senate floor for a vote, Majority Leader Chuck Schumer can force the nomination to the floor. But if Schumer takes that route, the nomination is subject to a 60-vote minimum to cut off debate—also known as “the filibuster.” I am not an expert in Senate parliamentary procedure, so my explanation for the above relies on the reporting by Philip Elliot in Time, “How McConnell Could Block Biden’s Supreme Court Nominee.”

[USALiberal]

4. Link????????????????

[onenote]

5. The Elliott story has been withdrawn. It was wrong. Hubbell is wrong.

This is how it works:
Under the power sharing agreement (Sen. Res. 27), if there is a deadlock in a committee, the Committee chair can send a message to the secretary of the Senate and then the Majority Leader (Schumer) can seek a vote of the entire Senate on a motion to discharge the nomination from Committee. That vote only requires a simple majority to pass. This procedure has already been used numerous times, including twice where VP Harris broke a 50-50 tie in order to pass the motion to discharge and move the nomination forward.

Here's a link to the corrected Elliott story.
https://time.com/6142711/joe-biden-supreme-court-nominee-mitch-mcconnell-stephen-breyer/

Here's the accompanying mea culpa from Time:

"Editor’s Note: The original version of this story incorrectly stated that Republicans could use Senate rules to block a Biden Supreme Court nomination. It was based on the author’s incorrect analysis of a May 13, 2021, Congressional Research Service report. The Senate will require a majority of votes to approve Justice Stephen Breyer’s replacement, not 60 votes."

You may want to consider deleting your OP.

[Emile]

7. +1

[sl8]

6. The article he's relying on has since been corrected.

From your source:

[...]

I am not an expert in Senate parliamentary procedure, so my explanation for the above relies on the reporting by Philip Elliot in Time, “How McConnell Could Block Biden’s Supreme Court Nominee.”

[...]

From the referenced Time article, https://time.com/6142711/joe-biden-supreme-court-nominee-mitch-mcconnell-stephen-breyer/ :

[...]

Editor’s Note: The original version of this story incorrectly stated that Republicans could use Senate rules to block a Biden Supreme Court nomination. It was based on the author’s incorrect analysis of a May 13, 2021, Congressional Research Service report. The Senate will require a majority of votes to approve Justice Stephen Breyer’s replacement, not 60 votes.

[...]

[obamanut2012]

8. 100% WRONG

This is misinformation, please delete.

[mwooldri]

9. There is only one way I know that the Trump Party can block Bidens nomination.

The Trump Party have to encourage one member of the Democratic caucus to defect to them. This puts Moscow Mitch in charge of the Senate.

Absent a majority in the US Senate, the Trump Party can do diddly squat.

[LetMyPeopleVote]

10. MoscowMitch cannot block this nomination

Link to tweet