Posted on 04/22/2010 2:31:27 PM PDT by American Dream 246
Back in 2006, there was much talk about the so-called "nuclear option" over judicial appointments. As such, there was also some acedemic legal research done on the topic. One of those researchers was a guy named Lawrence Solum, who co-authored a paper titled Judicial Selection, Appointments Gridlock, and the Nuclear Option , that appeared in the Journal of Contemporary Legal issues. It may be found here.
In it, they detail how the nuclear option would work. And, it doesn't involve the 67 votes normally needed to amend the Senate Rules. In short, it's a back door parliamentary trick. You can read the whole thing if you like, but the relevant passage from their article is...
"The term “nuclear option” is not well defined, but it usually refers to the use of procedure—in particular, a ruling of the chair sustained by a simple majority—to achieve cloture without the sixty or sixty-six vote supermajority specified by Rule XXII. Though the nuclear option may be executed in a number of ways...
[t]he underlying strategy is that a Republican senator would raise a point of order that the consideration of judicial nominees may not be filibustered, and the chair—most likely Vice President Cheney, in his capacity as President of the Senate—would sustain the point of order. A simple majority vote would then suffice to win any appeal of the chair’s ruling, or to table any objections to the ruling
That's it in a nutshell.
Here comes the putsch.
If I remember, they need 67 votes to change Senate rules. I don’t think they can muster the votes they need to change the filibuster rule. Let’s hope so, anyway. sd
Very little. But, what is left has allowed for more deliberate debate, which is a good thing. Unlike the reactionary House, it's nice to have a Senate that has traditionally taken its sweet-ass time. I'm afraid that in the absence of the filibuster, the Senate - just like it's little brother, the House - will become a meat factory of bad legislative initiatives, all waiting to be eagerly signed into law by Barry.
This is bad news.
The "nuclear option" entailed making a finding when it's unclear that the filibuster rule would apply. While the same approach could be used in cases where a filibuster would clearly be legitimate, the Democrats could also get their way by simply chasing all the Republicans out of the Senate at gunpoint before holding a vote. Neither approach would be any more legitimate than the other.
You say that as if it's not a possibility.
I said they could do that, and it would be neither more nor less legitimate than the other techniques being discussed. I didn't say whether or not I'd put it past them to actually try it.
“Yup.
Now we won’t need 60 seats to kill 0bamacare in 2013.
Bring it on suckers! “
Yea - I tend to think that we come out ahead in the long run if the filibuster rule is gone. No more Gangs of 14, or stopping of dozens of other initiatives.
We have one HUGE ADVANTAGE - the people generally support our policies - that will KILL the Democrats.
What goes around comes around.
There fixed it.
It also can only be done at the beginning of the year. (new Congress)
You're kidding, right?
Not satire?! WTF?
Haha go for it then its really all on the democrats.
Hey McCain...How’s that Gang of 14 working for ya now???? I must say I find the irony dripping!!! How many times pubbies did we all warn you of Dim intentions. How many times did you tell us how decent the Dims were and how you could reach across the aisle and work with them. And now they destroy what little power you have by changing senate rules to cast you aside. Something you pubbies refused to do to them because of the seriousness of the comity of the Senate. Bwah HaHaHaHaHaha You are such fools. And McCain and Gram you are right at the top of the fooool list. Dims keep it up. Counting down to November.
Watch how many jokes and cute comments will be on this thread. The denial is mind boggling. MIND BOGGLING! and we wonder why we have lost our country.
Psssssssst, it’s on life support and they plug is about to be pulled.
Psssssssst, it’s on life support and the plug is about to be pulled.
Nope FReeper friend, simple majority vote for a Senate rule change.
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