Democrats Could Block the Republican SCOTUS Nomination- But Only If They Want To

ttystikk

Well-Known Member
https://www.nakedcapitalism.com/2018/07/gaius-publius-block-trump-nomination-shut-senate.html

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business
– U.S. Constitution, Article 1, Section 5
[Update: Since publishing this piece, I’m reminded that Alabama Democrat Doug Jones defeated Republican Roy Moore in a special election earlier this year. My bad for the oversight. However, this makes the partisan divide even more favorable to the Democrats — 50-49. Fifty senators is not a majority. It would take a truly unusual ruling by the Parliamentarian to allow the Vice President to help constitute a quorum, and even if he did so rule, Democrats would then be in position to tie to their Senate chairs not only all Republican senators, but Vice President Mike Pence as well. In other words, the Democrats’ hand is even stronger.]

I’m going to expand on this in a longer piece, but the point is too important not to pass on now. If Democrats are truly serious about blocking any Trump-nominated Supreme Court justice, there is a way. But they have to actually want to block the nomination, not just say they want to.

How To Block the Nomination

This strategy, which I’m convinced will work, comes via Vox writer Gregory Koger. It goes like this. According to the Constitution, Article 1, Section 5:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business

This means: Neither house of Congress can do business without a quorum, defined as a simple majority.

What if a majority is not present? Section 5 continues:

a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

This means: If there’s no majority present, the minority can compel absent members to attend. But how? Here’s there’s no answer, and in fact nowhere in our government is there a mechanism but shame for compelling congressional attendance.

This gives Democrats, or Republicans for that matter, all the power they need, assuming the numbers work out right.

Now consider the numbers. If there were 60 Republican senators, Democrats could absent themselves forever and nothing would change. Sixty senators comprise a quorum.

But look at the current Senate. There are 46 Democrats, two independents who caucus as Democrats, and 52 Republicans. Yet one of those Republicans, John McCain, may never attend another Senate session due to his health. That puts the partisan split at 51-48.

As Koger notes, “Other than quitting for the day or calling for others to come to the chamber, the Senate can do nothing without a majority of its members — 51 senators — participating in a vote. No bill can pass, no amendment can be decided on, no nominations can get approved.”

In other words, every Republican senator would have to appear for every vote from which Democrats were wholly absent, or no vote could be taken. Every one of them. Democrats could simply challenge the vote for lack of a quorum, then leave during the quorum call.

Shutting Down the Senate

If the plan were for Democrats to be absent en masse just for the vote on Trump’s Court nomination, the plan would fail. On the day of the vote, 51 Republican senators would show up to vote yes and the nomination would be confirmed.

But if Democratic senators were absent en masse from day one of the decision to do it — if all 48 Democratic and independent senators refused to enter the chamber for any vote at all — it would paralyze the Senate. Every vote of the Senate, from the most important to the least, would require every Republican to be present to ensure passage.

In the ideal world this isn’t a problem, since there are, just barely, a quorums-worth of Republican senators. In the real world, however, there is almost never a day in which every senator is present for a vote. Democrats could even force a quorum call any time they wanted on a simple procedural vote, forcing Republicans to be nearby and available at a moment’s notice. When would they fundraise? When would they meet with lobbyists?

It’s almost certain Republicans couldn’t conduct Senate business under those conditions. This move would put Democrats in a position of unblockable power until a future election changed the numbers. They could force — not ask, but force — the nomination to wait until after the 2018 election.

All they’d have to do, is want to.
 

ttystikk

Well-Known Member
Democrats could make it all but impossible to nominate or vote on the President's choice for the Supreme Court.

Democrats make a lot of noise about being the opposition to Republican extremism, this is their chance to show they actually mean it.

It's only their credibility as a party at stake.
 

Padawanbater2

Well-Known Member
Democrats could make it all but impossible to nominate or vote on the President's choice for the Supreme Court.

Democrats make a lot of noise about being the opposition to Republican extremism, this is their chance to show they actually mean it.

It's only their credibility as a party at stake.
They won't. Manchin, Heidkamp, McCaskill, and Donnelly, are all poised to support Trumps pick. Without Democratic congressional agreement, Kanavaugh will likely get confirmed. This is when, as leader of the party, Chuck Schumer should come out and tell each of them if they cave, they lose all party help for their next election. This is a decision that will affect the country for the next 2 generations. If Schumer doesn't get these 4 Senators in line to vote with the party or else, he should too be ousted from leadership under incompetence. This fucking party is a joke if they don't stop this nomination.
 

ttystikk

Well-Known Member
They won't. Manchin, Heidkamp, McCaskill, and Donnelly, are all poised to support Trumps pick. Without Democratic congressional agreement, Kanavaugh will likely get confirmed. This is when, as leader of the party, Chuck Schumer should come out and tell each of them if they cave, they lose all party help for their next election. This is a decision that will affect the country for the next 2 generations. If Schumer doesn't get these 4 Senators in line to vote with the party or else, he should too be ousted from leadership under incompetence. This fucking party is a joke if they don't stop this nomination.
I'm on record here as saying the Democratic Party is indeed a joke at the expense of the middle class and the gullible.

I'm betting Chuckie the Schoom will make a few dissenting noises but otherwise let the nomination sail through, just like he did with the banking bill.

'The appearance of opposition' being more important than the substance. After all, he knows what he has to do to keep those campaign contributions rolling in, the needs of his constituents be damned.

Betraying the little people doesn't have the political consequences it once did.
 

Fogdog

Well-Known Member
I'm on record here as saying the Democratic Party is indeed a joke at the expense of the middle class and the gullible.

I'm betting Chuckie the Schoom will make a few dissenting noises but otherwise let the nomination sail through, just like he did with the banking bill.

'The appearance of opposition' being more important than the substance. After all, he knows what he has to do to keep those campaign contributions rolling in, the needs of his constituents be damned.

Betraying the little people doesn't have the political consequences it once did.
What do you think Chuck should do instead?
 

ttystikk

Well-Known Member
What do you think Chuck should do instead?
The article you didn't read lays out the strategy clearly.

Any Democrat who doesn't go along gets primaried.

It won't happen because those who fund the Democrats are getting what they want.
 

ttystikk

Well-Known Member
After we make it great, we are gonna keep it that way!
How ya gonna do that?

Gonna start barbequing asylum seekers?

AMERICANS already murder millions of innocents, we just do it overseas and keep it out of the headlines.

Since when was freedom defined as 'live out way or else'?

Since when was Justice defined as 'you can have your Constitutional rights only if we feel like giving them to you- but not if you survive bring shot in the back by police'?

The Right wing has a lot to answer for.
 
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