Hey Mark (I know you lurk around here) Levin, please give your opinion on this:
Dingy Hairy (sic) went nuclear from 60 to 50 on lower court votes. McConnell raised the ante to include Supreme Court candidates.
What prevents him from going THERMAL-nuclear by pushing through a resolution that any nominee with the ABA’s HIGHEST rating (qualified or well qualified—whichever it is) requires a plurality of 40-45 votes for confirmation?
That neuters the resistance commucrats and the RINO ankle biters.
The Senate still gives advice and consent — just with a different formula for the consent. (Sorta what they did with the Corker approach to the ‘treaty’ with Iran)
There’s going to be hell to pay when the confirmation happens either way. Might as well light it off on our terms.
So the motion (a’la the Corker ploy) is to withhold consent, not grant it. Unless 51 vote FOR that motion, consent is NOT withheld. Iran got the money and the deal, we get our SC Justice.
40-45 votes would not constitute consent, unless there were fewer votes against due to lots of people not voting or abstaining.
The Senate can pass any rule it wants to, and courts will not get involved, but consent pretty clearly means a majority.