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How Republicans Can Block Stephen Breyer’s Replacement (Good News for America Alert)
Time ^ | January 26, 2022 | Philip Elliott

Posted on 01/26/2022 3:56:59 PM PST by Zakeet

Within moments of widespread media reports that Supreme Court Justice Stephen Breyer will retire when the current term ends this summer, the Washington parlor game of making a short list of judges President Joe Biden might consider to replace him began. ...

There’s one major problem facing Biden’s prospects, though: he might not be able to win confirmation for the expected pick.

[Snip]

But the nuclear option can go into motion only if the Judiciary Committee reports the nomination to the floor, a procedural move that says whether a majority on the committee recommends the full Senate consider the pick. Well, in a little-noticed backroom deal that took more than a month to hammer out, McConnell and Senate Majority Leader Chuck Schumer agreed to a power-sharing plan in February that splits committee membership, staffs and budgets in half.

Why does this matter? If all 11 Republican members of the Judiciary Committee oppose Biden’s pick and all 11 Democrats back her, the nomination goes inert. (A pretty safe bet in a committee where at least half of the Republican members have White House ambitions of their own.) The nomination doesn’t die, but it does get parked until a lawmaker—historically, the Leader of the party—brings it to the floor for four hours of debate.

A majority of the Senate—51 votes, typically—can then put debate about the issue on the calendar for the next day. But that’s the last easy part. When the potential pick comes to the floor again, it’s not as a nomination. At that point, it’s a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.

(Excerpt) Read more at time.com ...


TOPICS: Crime/Corruption; Editorial; Government; Politics/Elections
KEYWORDS: brandon; breyer; breyerretiring; democrats; gopestablishment; replacement; repubs; rinos; scotus; uniparty; whatgoodnews
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So, yes, Biden may get to nominate a pick for the Supreme Court. But there’s no guarantee that the full Senate will take it up. After all, McConnell successfully rejected Merrick Garland’s nomination in 2016 and waited for Donald Trump to win the White House to install a replacement for Antonin Scalia.

Poor Rats ... Poor Brandon ... looks like they won't get their chance to pander to the loony left ... and it won't be so quite easy to rewrite the Constitution !!

1 posted on 01/26/2022 3:56:59 PM PST by Zakeet
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To: Zakeet

Another scribbler who thinks that the RATs will honor their agreements. Disappointment is a sure thing here.


2 posted on 01/26/2022 3:59:23 PM PST by Seruzawa ("The Political left is the Gwarden of Eden of incompetence" - Marx the Smarter (Groucho))
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To: Zakeet

💥BOOM💥


3 posted on 01/26/2022 3:59:46 PM PST by conservative98
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To: Zakeet

There is no way the Chamber of Commerce RINO’s would deny a black woman’s nomination to the SCOTUS.


4 posted on 01/26/2022 4:03:30 PM PST by Bratch
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To: Zakeet

I betcha Breyer screws things up and doesn’t retire until next year sometime. Republicans hold nomination until after the 2024 election. Dems will say ok and thank you.


5 posted on 01/26/2022 4:04:11 PM PST by conservative98
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To: Zakeet

Fuhgetaboutit!

You know that Linda Gramnesty is on the Judiciary and he has never met a judge he wouldn’t vote for. He says that it is the privilege of a president to nominate whomever he wishes. Linda will be a rubber stamp.

The new makeup of the court will be Conservatives (sort of) vs. Ultra leftists.


6 posted on 01/26/2022 4:04:26 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: Zakeet

NO.

“This discharge motion may be debated for a maximum of four hours, equally divided and controlled by the majority and minority leaders. After the expiration (or yielding back) of time, the Senate will vote on the discharge motion, without any intervening action, motion, or debate.”

https://sgp.fas.org/crs/misc/R46769.pdf


7 posted on 01/26/2022 4:05:07 PM PST by Az Joe ("Scratch a Liberal, and a Fascist bleeds")
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To: Pilgrim's Progress

Well it would only take 1 Republican to vote it out of committee. So this entire scenario is extremely unlikely to happen.


8 posted on 01/26/2022 4:06:12 PM PST by Dilbert San Diego
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To: Zakeet
But the nuclear option can go into motion only if the Judiciary Committee reports the nomination to the floor, a procedural move that says whether a majority on the committee recommends the full Senate consider the pick. Well, in a little-noticed backroom deal that took more than a month to hammer out, McConnell and Senate Majority Leader Chuck Schumer agreed to a power-sharing plan in February that splits committee membership, staffs and budgets in half.

How silly.

Schumer won't be bound by any "power-sharing plan." He'll Chuck that in an instant. He'll say it's racist, that'll be that. In what alternate universe does Philip Elliott live?

9 posted on 01/26/2022 4:06:15 PM PST by Steely Tom ([Voter Fraud] == [Civil War])
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To: Zakeet

Lindsey Graham will confirm anyone.


10 posted on 01/26/2022 4:06:57 PM PST by dfwgator (Endut! Hoch Hech!)
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To: Zakeet

Please the GOP will cave..


11 posted on 01/26/2022 4:07:41 PM PST by HamiltonJay
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To: Seruzawa

Yep.


12 posted on 01/26/2022 4:11:48 PM PST by sauropod (Whom the gods would destroy they first make mad. Life is risk, your highness.)
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To: Zakeet

Does he realize he’s talking about Republican senators? My guess is Brandon’s nomination already has close to ten Republican votes, and he hasn’t even announced it yet. The most frustrating thing about this process is going to be listening to Graham, Thune, Cornyn, murkowski, et Al trying to convince us the extreme left wing communist nominated is highly qualified to sit on the court. Republicans are going to roll over because we are in an election year and they think pandering is the best way to hold independent support. I really hope I’m wrong.


13 posted on 01/26/2022 4:12:35 PM PST by Yogafist
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To: Zakeet

So all 11 Republican members of the Judiciary Committee would vote No? Laughable!


14 posted on 01/26/2022 4:15:02 PM PST by Digger
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To: Zakeet

Only could happen if Manchin/Sinema approve, as the Dems can simply change the rules if the GOP gives them trouble. And if that’s the case, they won’t go that far...as the nomination would be pulled long before the theatrics.

But being realistic - Manchin/Sinema have never shown any thoughts of going against the party on judges, so nothing will happen.


15 posted on 01/26/2022 4:17:10 PM PST by BobL (Money is the most important thing in my life.)
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To: Zakeet

...also note that this is TIME MAGAZINE - so they’re up to something.


16 posted on 01/26/2022 4:18:16 PM PST by BobL (Money is the most important thing in my life.)
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To: Zakeet
A majority of the Senate—51 votes, typically—can then put debate about the issue on the calendar for the next day. But that’s the last easy part. When the potential pick comes to the floor again, it’s not as a nomination. At that point, it’s a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.

Given the nuclear option was triggered that would be pretty far fetched, and that's assuming every Republican would block the nominee from getting a vote - which they wouldn't and could be attacked as being hypocritical given the nuclear option was triggered under the argument that every nominee is entitled to an up or down vote even if they get voted down.

17 posted on 01/26/2022 4:18:36 PM PST by Republican Wildcat
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To: Zakeet

Since when has Time magazine cared about America?


18 posted on 01/26/2022 4:19:43 PM PST by mass55th ("Courage is being scared to death, but saddling up anyway." ~~ John Wayne )
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To: Zakeet

The Senate killed the filibuster for high court confirmations. Using a parliamentary gimmick like this would guarantee the death of the filibuster for all votes, with full support from Manchin and Sinema. Time (and Schumer) are probably hoping the Republicans try this, but McConnell ain’t no dummy.


19 posted on 01/26/2022 4:22:29 PM PST by ETCM
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To: Zakeet

That is the reason they want to expedite this nominee(???). they need to get it finished before the elections and they will not have the votes to get the idiot (??) confirmed.


20 posted on 01/26/2022 4:26:31 PM PST by dirtymac ( Now Is The Time For All Good Men To ComeTo The Aid Of Their Country! NOW)
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