Are you kidding? It was a dress rehearsal and warning to the Republicans about what the Democrats will do to block Alito's confirmation vote. Under the Senate Rules it is not the only weapon the Democrats have to block a vote on a nomination.
Last spring during Frists failed attempt to enact the Nuclear option, I went to the trouble of downloading and reading the Senate rules. According to my reading there are several more ways that the Democrats can use the rules to block a vote on Alito or any other bush nominee.
Unless Frist has a weapon to put to the Democrats heads that I've failed to see, and that is a possibility, the Democrats can prevent a vote even if the Republicans manage to invoke the nuclear option on filibusters.
I think the Senate rules will prove very effective for Democrats in their attempt to block confirmatin of conservative judges. Frist's voice was actually shaking yesterday when he went before the press after the Democrats pulled rule 21. That says to me that Frist was blindsided. Lott at the same press conference looked like the cat that had just swallowed the canary. Lott just made the point that such a thing never happened when he was majority leader and that the Democrats were acting within the rules. And they are.
Under rule 21 any two senators can at any time stop any process in the senate and put senate in secret session to discuss any "National Security Subject" the two Senators want to discuss. According to Rule 21 there is no time limit on that "Secret" discussion. Thus Rule 21 is a never before used method to block a vote on anything the Democrats want blocked. Unlike the regular filibuster Rule 21 does not take 41 votes to do it.. IT TAKES JUST TWO.. All it takes is ONE Senator to call for the secret session and another Senator to second the motion. There is no vote on holding a secret session. Under the rules it has to happen when any two senators call for it. The senate just drops what ever it is doing and goes into secret session on the national security item.
As long as the senate had two loyal Democrats they can use rule 21 to prevent an up or down vote on Alito or anyone else.
Just like a regular filibuster it will take a the execution of a nuclear option to stop Democrats from invoking rule 21. Remember Rule 21 allows unlimited discsussion of the national security matter in secret. Attempted cloture votes would be secret.
The question is can the Republicans get 51 votes including Cheney to change Rule 21. They could not get 50 votes last spring to end regular filibusters. Who wants to be they can do it to change or eliminate Rule 21?
A careful reading of the Senate rules reveals there are other Rules that can be used to block votes on nominees. It will take getting 50 votes plus Cheney's to pass several rules changes if the Democrats do as I for one believe they will do.
Bush went to great lengths to find a stealth conservative he could get Minority Leader Ried to agree to confirm. The right does not trust President Bush and blew that out of the water. No one can make me believe that Rove and Bush did not read the Senate rules and therefor anticipate what the Democrats would do in this case. Rove surely tried to advise the presidnet to circumvent it. That had to be considered many months or even years ago.
Rove like many bright people tends to think others are as bright as he is. Sadly they aren't. Bush took a gamble that the right would not shoot itself in the rump. After reading the Senate rules, I am convinced it was really his only chance to confirm a conservative.
You can bet Trent Lott understands the rules. He is chairman of the rules committee. It was apparent from Frists shaking voice that he did not see it coming or was naive enough to believe that Ried would not do it.
Anyone who took the time to read the Senate Rules should have known what the Democrats would likely do to keep the court liberal. Right wing pundits including Rush, Krauthammer and Coulter as well as Frist apparently believed the Democrats would never use the blocking tactics the rules clearly allow them to use. Or perhaps those brilliant pundits didn't bother read the rules either.
An unfortunate mess due to everyone not understanding what goes on in the Senate. My advice would be to call Lott in, say that he has proved valuable and when Frist leaves they will back him for ML.
However, that's just me. It would help Lott's case if he tried to be a little more helpful. At this juncture continued vindictiveness towards Frist will be counter-productive.
Close. But No Cigar!
IF Frist has the will and the votes. I think he can overcome it.
It would require 3 Republicans on the floor of the Senate whenever the Senate is in Session. Not just the floor leader and the individual in the Chair, but 3 other members who are quick on their feet.
I'm sure you're aware all the Senators are seldom on the floor at the same time.
Chapter 39, Sec. 430 of Mason's Manual of Legislative Procedure lays out the Motion to Postpone Indefinitely
It would be an ugly fight, but Reid has set himself up for a knife fight if Frist can get his members to lock arms.
Frist needs people on the floor at all times, so the next time a Dim stands up and requests Rule 21 a Pubbie can scream Object, which requires a second. Once there is a second, another Pubbie moves to postpone indefinitely, and someone else needs to second the motion to postpone. A vote of the Senate would follow.
The objection and motion to postpone need to be done with precision. Unfortunately, the motion to postpone is debatable, but eventually someone would have to call for the question. A successful motion to postpone indefintely effectivly prevents any further discussion of the question during the Session, not just during that day's work.
Another option is simply a vote to suspend the rules. You would need all your Pubbie Senators to vote in favor of suspending the rules.
There is a legislative procedure to work your way out of any entanglement you might face if you are in the majority and you have the disipline among your members to do what you need to be done.
If you don't have your members with you, you might as well pull your tail between your legs and go back to the office.
Legislative Procedure is an incredible maze of possibilities. There are only a handful of experts in the world. I am not one of them.
CT & IG:
I'll have you know, that these posts of yours regarding "Rule 21" and other such delaying tactics are very disturbing to me.
(I also recommend CTs post in a different thread that approaches this in a somewhat different way:
http://www.freerepublic.com/focus/f-news/1513922/posts?page=55#55
and I'll also mention my own post#66 that thread ...)
I was pretty fat, dumb, and happy in my very simple knowledge that the Senate Demodogs had some pretty impressive parliamentary options to slow or shut down the Senate. Now that you've gone done and educated me more specifically about that weaponry, I'm more disturbed, and yea - even depressed, about this situation than I've ever been in the past.
Thanks, FRiends ...
Really - thanks - - - even though my sleep quotent is likely to suffer.
I wrote many times last week I hope we don't regret what we did to Miers - for exactly this type of reason. Too many conservatives really overestimate their strength in this country, and especially with the Senate.
I'm so glad about Alito's nomination, but anyone who is giddy about the situation now, and who is taking odds that he will be easily confirmed, instead of being really fearful don't have the least concept of what is going on. I don't care if they are some of the most level-headed posters on FR, or what national radio show or column they have - this is a very tenuous situation.
We'll have a better idea after the Gang of 14 meets and word trickles out as to whether they will allow a filibuster or not, but this situation is very close, and even without a filibuster, it is very early to predict how the voting is going to go.
I'm on pins and needles now, and NOT looking forward to the fight the way so many other conservatives are.