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FBaggins

(28,678 posts)
9. Nothing in there contradicts what I said
Fri Sep 18, 2020, 07:45 PM
Sep 2020

The problem with the "nuclear option" in 2013 and 2017 were both making the argument that the filibuster rule applies to legislation and not constitutional duties of the Senate (i.e., the constitution sets a majority rule to consent, and interpreting the filibuster to apply to that obligation is inappropriate). You can't make the same type of argument for legislation... which is obviously what the filibuster has always been about.

Imagine a bill that a majority wanted to pass but also didn't want to be SEEN as voting for. Could they use the "nuclear option" to change Senate rules to require only 40 votes to pass a bill? The same "create a new precedent" standard would apply... but it's still nonsense.

I'm not sure there are enough votes to actually do it... especially if it's a narrow majority.

IOW... possible... but by no sense "very simply"

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Expanding the Supreme Court... [View all] TreasonousBastard Sep 2020 OP
I would like to see more discussion on this Kali Sep 2020 #1
Second that!!! For the love of democracy. Mystery sage Sep 2020 #2
Not at all "very simply" FBaggins Sep 2020 #3
You don't need 60 votes to change Senate rules. dalton99a Sep 2020 #5
Yes you do FBaggins Sep 2020 #6
Democrats can do it if they win the Senate. dalton99a Sep 2020 #8
Nothing in there contradicts what I said FBaggins Sep 2020 #9
We need the Senate more than ever world wide wally Sep 2020 #4
Have to be an even number. Dan Sep 2020 #7
Latest Discussions»General Discussion»Expanding the Supreme Cou...»Reply #9