Re: I don't think the Democrats have enough seats to filibuster the next SC appointment
- From: secondar@xxxxxxxxxxx
- Date: 29 Sep 2005 14:03:35 -0700
Matt - IIRC, if the Democrats try to filibuster, the Republicans will
just resort to the "Nuclear Option".
See
http://www.cfif.org/htdocs/legislative_issues/federal_issues/hot_issues_in_congress/confirmation_watch/nuclear_option.htm
Basically, "...at the time of a cloture vote to end debate, the Senate
majority would secure a ruling from the chair that Standing Rule XXII
[Standing Rule XXII provides for unlimited debate in the Senate until a
cloture motion for ending debate is filed and the question is "decided
in the affirmative by three-fifths of the Senators duly chosen and
sworn."] does not apply. The chair, likely the Vice President, would
probably agree and rule in favor of the majority. The issue would then
be brought to a vote, and the minority, probably through the Minority
Leader, would note that the issue is debatable and, hence, also subject
to a filibuster.
The parliamentarian, relying on Senate precedent, would agree. The
chair would then recognize a non-debatable motion to table. At this
point, the majority could overrule the anti-majoritarian precedent,
uphold the ruling of the chair, and proceed to a final yea-or-nay vote
on the original question by securing a simple majority vote in favor of
the motion to table.
If all that seems complex, it is. But the basic import of such
procedural maneuvering is that a simple majority of the current Senate
can force a change in Rule XXII to reduce the supermajoritarian cloture
requirement, thus making it possible to end debate by simple majority
vote."
Matt wrote:
> David Halpern wrote:
> > They only have 45 seats and one Democrat leading Independent.
>
> Hm. People unclear on the concept of filibusters. Let's try it again.
> Unless and until the rules of cloture are changed, it requires 60
> Senators (a super-majority, in their parlance) to end a filibuster.
> With 45 Senators, the Dems can hold a filibuster as long as they want.
>
>
> >
> > Big deal...they talk tough..but haven't got much of their way lately
> > lol.
>
> No? Hm. They haven't had to do much lately. The Republicans have done a
> marvelous job of imploding on their own.
>
> matt
.
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