Posted on 01/31/2017 10:37:47 PM PST by TBP
Fortunately, invoking the nuclear option isn’t the only way a Senate majority can confirm a Supreme Court justice in the face of minority obstruction.
In a recent Heritage Foundation paper, Ed Corrigan and I detail how Senate rules empower a majority to overcome a filibuster of a Supreme Court nominee — without having to invoke cloture or using the nuclear option.
Specifically, a majority may use Rule XIX (the two-speech rule) to shorten the amount of time members are able to filibuster. This rule prohibits any senator from giving more than two speeches on any one question during the same legislative day.
In the Senate’s rules, the terms “legislative day” and “calendar day” do not mean the same thing. A legislative day ends only when the Senate adjourns and therefore may last much longer than the 24 hours that define a calendar day. Indeed, one particularly long legislative day in 1980 lasted 162 calendar days, spanning a period from Jan. 3 until June 12.
Once a senator has given two speeches during the same legislative day, he or she may not speak again. The Senate votes when there are no members remaining on the floor who wish to and are allowed to speak. At that point, the support of a simple majority of the senators present and voting is sufficient for confirmation.
Using the two-speech rule to confirm President Trump’s Supreme Court pick is straightforward.
(Excerpt) Read more at washingtontimes.com ...
I didn't know about this rule until I read this article, but this is brilliant. We must work to persuade McConnell that this is the way to go.
Let's make sure Gorsuch gets confirmed.
Truth is they probably won’t have to do either. It’s just a matter of telling Schumer “we’ll use the nuclear option if we have to, it’s up to you. If we do it now, it’ll be the new normal for any future nominations. It’s up to you”.
They will scream and yell, then cave.
Why can’t we be more up front about it? It’s called YOU LOSE.
That means after 40 days of making them speak NON-STOP...Gorsuch would be confirmed. More likely much sooner than that.
Perhaps each one could speak longer, but I doubt it. Based on Pat Leahy's sad performance today just speaking for 15 minutes, I doubt he could last an hour on the floor (and they must stand, I believe).
If the Dems ever regain power, they are going to burn the entire country to the ground no matter what is done or not done.
They are psychopaths who have been told no and had all their toys taken away.
What generally happens when a woman tell her control freak boyfriend no and then gets a restraining order against him...
He kills her.
That’s the boat we are all in now.
Their hope is to stall the confirmation to April, so that combined with a slow-rolled hearing would get them close.
Logicqlly, if you know they will murder you first chance they get, then you kill them first.
Nuke away.
Mcballess will not b/c he is uniparty.
Nuke ‘em now.
President Trump will likely get 3 nominations during his first term: Ginsburg and Kennedy.
Enough to stack the Court for 2 decades.
Should he win a second term, SCOTUS gets packed for the foreseeable future. Breyer and Thomas
true or false.
with a two-thirds vote,
the rules can be suspended?
...............
Republicans could
‘flash mob’ the floor of the Senate
at three in the morning
Definitely agree, and it will be interesting to see the course of action the GOP takes, though I confess that I am not expecting much if anything.
But personally, I am thinking that the left is going to bring their insanity, which they have been parading on full display, to some sort of confrontation at some point within the next four years or even much sooner. And I mean a serious confrontation which includes violence and even mass violence.
Trump turn out to be much, much worse than simply losing the election to some usual suspect GOP shlub.
This guy means business. Turns out, and I am shocked, I have to tell you, that Trump is apparently far more conservative than any these pretendacons who have been running around calling themselves conservatives for so long.
This guy is Patton.
Seven Dems have already agreed to do the right thing. No doubt they’re from blue states won by Trump.
Dems are emotional toddlers acting out. But there will be consequences. Some in 2018, some in 2020. This asinine behavior won’t be forgotten. They may indeed boil over and do something really reckless. Toddlers have very poor impulse control.
They can caterwaul all they want and make complete fools of themselves. Trump will not back down.
Pence should be having “conversations” with the Senators. If he wants to, he can make life difficult for them for the next eight years.
Unfortunately, McCain, Graham, Collins, and Rubio won’t go for the nuclear option. This is what led to the earlier gang of 8 to get legislative amnesty for Dreamers and other illegals by not having to use the nuclear option that Reid was threatening.
Don’t forget the flake.
This shouldn’t take more than enough weeks.
The demo rats need to think about how they handle this one.
Whatever the outcome is, the process to get there will become the standard.
Trump will get 3 more bites of this Apple over the next 8 years and we will have even greater majorities when it happens.
Don’t forget the Flake. I think under CERTAIN circumstances Trump could support a Democrat running for senator in 2018. Just give the POTUS a Profile in Courage vote or 2 in the next couple of years.
bmp
This will be interesting.
“Dems are emotional toddlers acting out. But there will be consequences. Some in 2018, some in 2020.”
We need to “take care of business in 2018 when there are 26 RATS up, because in 2020, the reverse is true with 22 Pubbies. Ditto for 2022 when there are also 22 GOP up. We cannot allow the Senate to underperform between now and the 2018 elections or we may find ourselves out of power there sooner rather than later.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.