LIVE SENATE THREAD: "Nuclear Wednesday" for judicial nominations: C-span 2

The Byrd Option is not per-constitution...the following is and is the only option legally open to the senators .

"On June 13, 1787, it was originally proposed that judges be “appointed by the national Legislature,” and that was rejected; Madison objected and made the alternative motion that appointments be made by the Senate, and that was at first approved. Madison specifically proposed that a “supermajority” be required for judicial appointments but this was rejected. On July 18, Nathaniel Ghorum made the alternative motion “that the Judges be appointed by the Executive with the advice & consent of the 2d branch,” (following on the practice in Massachusetts at that time). Finally, on Friday, September 7, 1787, the Convention approved the final Appointments Clause, making the president primary and the Senate (alone) secondary, with a role of “advice and consent.”

"Obviously, this question is something that the Framers carefully considered. The Constitution and Supreme Court decisions are quite clear that only a majority is necessary for confirmation. Neither the filibuster, nor a supermajority vote, is part of the Advice and Consent role in the U.S. Constitution. Until the past four years, the Senate never did otherwise."

Thanks to poster AFPhys.

There is NO option except the Constitutional Option the rest of the blathering is just plain Bunk!

RE: in extremis

You make a very good point. The smart thing (acutally, as I will explain, the only thing) for the donks to do would be to keep their poweder dry for SCOTUS. The problem is that if they do that, their rhetoric on this issue pretty much assures that the public will go with the republicans to nuke this nonsense if the donks try to filibuster a SCOTUS nominee after they cried "the sky is falling" at this level of appointments.

The donks are a slow motion train wreck, but their far left wing will not let them back away. There are no good ways for the donks to come out of this. If the RINOS stay on board, the donks are pertty much finished.

I think that Frist is playing this off fine. If we reserve the nuke option for SCOTUS appointments and we win all of our judges on the floor, its checkmate for the donks.

I have lost faith in our leaders, with exception of a few. Here are the freakin RATS showing up on the cap. steps, third time on the tube, and the pubs are in hiding somewhere instead of doing the same, turning the tables or accusing the RATS of obstruction OR SOMETHING! Forget the NUCLEAR OPTION, it's beginning to be more like the wussies SPITBALL OPTION...how disappointing I was really expecting the pubs to go bonkers! Now both RAT houses are coming out faulting the pubs with all sort of lies and what are the pubs doing...JACK..ZERO, NADA..ughh! Unfortunately the folk are swallowing the lies line hook and sinker...bummer :(

Rose, I beg to differ, I think Frist is standing firm, please call his office and offer your support. Then call all those wavering to the left and tell them...the U.S. Constitution is the only option and has always been. Remind them that we Americans understand who is "changing the rules" back to the Tom Daschle rules of yesterday. Neither the filibuster, nor a super majority vote, is part of the Advice and Consent role in the U.S. Constitution...until the past four years the Senate never did otherwise! Make those calls please!

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