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Showing Original Post only (View all)New Headline: Biden, Senate Democrats Can Replace Justice Stephen Breyer on Party Lines [View all]
Last edited Thu Jan 27, 2022, 11:25 AM - Edit history (1)
Editors 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 authors incorrect analysis of a May 13, 2021, Congressional Research Service report. The Senate will require a majority of votes to approve Justice Stephen Breyers replacement, not 60 votes.
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But the nuclear option can go into motion only if the Judiciary Committee reports the nomination to the floor, a procedural move that says whether a majority on the committee recommends the full Senate consider the pick. Well, in a little-noticed backroom deal that took more than a month to hammer out, McConnell and Senate Majority Leader Chuck Schumer agreed to a power-sharing plan in February that splits committee membership, staffs and budgets in half. (A full nonpartisan analysis from the Congressional Research Service regarding the current process for nominees is here.)
Why does this matter? If all 11 Republican members of the Judiciary Committee oppose Bidens pick and all 11 Democrats back her, the nomination goes inert. (A pretty safe bet in a committee where at least half of the Republican members have White House ambitions of their own.) The nomination doesnt die, but it does get parked until a lawmakerhistorically, the Leader of the partybrings it to the floor for four hours of debate.
A majority of the Senate51 votes, typicallycan then put debate about the issue on the calendar for the next day. But thats the last easy part. When the potential pick comes to the floor again, its not as a nomination. At that point, its a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.
Why does this matter? If all 11 Republican members of the Judiciary Committee oppose Bidens pick and all 11 Democrats back her, the nomination goes inert. (A pretty safe bet in a committee where at least half of the Republican members have White House ambitions of their own.) The nomination doesnt die, but it does get parked until a lawmakerhistorically, the Leader of the partybrings it to the floor for four hours of debate.
A majority of the Senate51 votes, typicallycan then put debate about the issue on the calendar for the next day. But thats the last easy part. When the potential pick comes to the floor again, its not as a nomination. At that point, its a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.
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New Headline: Biden, Senate Democrats Can Replace Justice Stephen Breyer on Party Lines [View all]
Cuthbert Allgood
Jan 2022
OP
Editor's Note: The original version of this story incorrectly stated that Republicans could use
Celerity
Jan 2022
#61
He couldn't convince his colleagues to let him be chairman of the Judiciary Committee.
tritsofme
Jan 2022
#23
Caucus rules would have prohibited Durbin from holding the post, he got a waiver.
tritsofme
Jan 2022
#54
The fact that Biden has had a record number of judges confirmed in his first year
Fiendish Thingy
Jan 2022
#10
Perhaps there's room for a procedural end run by nominating someone already approved by this Senate
Fiendish Thingy
Jan 2022
#5
Exactly. So much poor journalism in the rush to be first with analysis. Nt
Fiendish Thingy
Jan 2022
#21
You ought to consider deleting this thread. No sense spreading misinformation.
tritsofme
Jan 2022
#31
Philip Elliott is expressing a way he thinks the Republicans can block a nominee
Cuthbert Allgood
Jan 2022
#37
He is wrong. It's been definitively proven in this thread. He is getting roasted on Twitter.
tritsofme
Jan 2022
#38
That they haven't done this tactic is not proof that the tactic isn't possible.
Cuthbert Allgood
Jan 2022
#41
No rule. Just common sense and common courtesy to take down a story you know is false.
onenote
Jan 2022
#59
Well, there's always self-respect. All you have to do is note that Philip Elliott has reversed
muriel_volestrangler
Jan 2022
#63
I guarantee that you won't come back in this thread next month and apologize when it's proven wrong
Polybius
Jan 2022
#58
Time already admitted it was wrong, yet the OP still has not been self deleted
Celerity
Jan 2022
#62
The GOP cannot block the confirmation of the judge selected by President Biden
LetMyPeopleVote
Jan 2022
#65