Hatch group may go ‘nuclear’ on judges: Plan would limit use of Rule XXII in Dem filibusters

The Hill ^ | 5/7/03 | Alexander Bolton and Geoff Earle

[DPB101]

The RATS must have a response of some kind ready if the GOP does this. If the response is only a PR campaign, the GOP needs to do this quickly, without any more announcements and then change the subject. Bush controls the topic of what is debated in the media. He should get his judges and get off the confirmation battle all in one day. Must be tons of postive information we don't know about the war in Iraq. The day Republican Senators do this, he should release it, invited somebody neat to the White House or something else which will lead the evening news and be headlines in the morning papers.

[pointsal]

never fear....the republican leadership (sic & sicker) don't have the gumption to do the trick.

[McGavin999]

If Republicans were able to force a change by jamming through a procedural ruling, “It would be a nuclear winter in the Senate,” said the aide. “This place would fall apart. It would be dire consequences if that happened, in my opinion.”

And how exactly would that be any different than what there is right now? Face it, the dems declared war with their filabuster and anything the republicans do would merely be self defense. I'm sick of us taking it on the chin.

[goldstategop]

We'll believe it when we see it.

[dwilli]

The old time filibusters when a Senator couldn't leave the floor are gone. Now the party with 41 votes is the majprity and the party with 59 is the minority.

[Zack Nguyen]

One drawback of this proposed tactic is that it might destroy whatever is left of the working relationship between Democrats and Republicans.

My heart bleeds. If we wanted everyone in Washington to work together we'd outlaw political parties. I'll believe Orrin Hatch's "nuclear" strategy when I see it done.

I AM SICK OF PLAYING PADDYCAKE WITH THE DEMOCRATS. How many times does the left have to make us look impotent and stupid? Why is the Senate not shut down 24/7 right now? Why are any Democrats getting any pork projects for their states? Why why why?

[CyberAnt]

Hmmmm? Be sure you don't hold you breath on that one, okay ...??

[CyberAnt]

Oh ye of little faith!!

[dilpo]

But even if we don't challenge the rule and the filibusters go forward, in 8 years what's to stop the Dems from making the challenge to break the filibuster of Bill for Chief Justice? If we challenge it now and break the filibuster, we are only doing what they will do in 8 years anyway. If we challenge and lose, then the precedent is set to filibuster Bill in 8 years.

[dennisw]

Dems are making ya' all look like pathetic dupes. Being batted around by girly man Tom Daschle. It's time to grow some backbone and smack 'em down. Call it going nuclear if you want.

[Goreknowshowtocheat]

The hope that the Pubbies will grow some courage seems remote, but perhaps they are tired of hiding under their desks. To pop out from their hiding places, like this, usually requires Senator Dashole to call them from his minority office. Do you think his speed dialer malfunctioned? I can't remember the GOP getting this worked up. Did Dashole kick the sleeping dog once too often? Nah...They won't follow through.

[Leatherneck_MT]

" One drawback of this proposed tactic is that it might destroy whatever is left of the working relationship between Democrats and Republicans. That is why some legislative experts liken the parliamentary tool to a legislative nuclear bomb. "

The shitbird Demonrats in the Senate have already destroyed ALL of the working relationships.

Time to go to war and destroy these liberal imbeciles. (Figurative not literal war, don't get your panties in a bind)

[RJL]

This is great. I just called and sent this to my Republican Senator urging him to work with Senator Hatch on this and make it happen.

I urge you to call and send this article to your Republican Senators for action also.

[CA Conservative]

I want the Republicans to make the Democrats hold a real fillibuster, with gavel-to-gavel coverage on C-SPAN2, so the world can see the Democrats reading from phone books just to avoid a vote.

Unfortunately, that is not the way this filibuster would go. The Pubbies would be the ones who had to do the talking. Since the nominations cannot be called for a vote without unanimous consent, all the Dems have to do is keep 1 Dem on the floor to object whenever the request is made. Frist can make quorum calls, and send the Sergeant at Arms to compel members to attend if there is no quorum, but they cannot make them stay on the floor. Cloture votes cannot be called without a specific amount of notice, prohibiting them from calling cloture votes in the middle of the night. Also, cloture must be invoked with 60 votes, regardless of how many people are actually voting (unless the filibuster is for a change in the rules, in which case it is 2/3 of the senators present and voting).

The bottom line is that a 24/7 filibuster would be much harder on the Pubbies than the Dems, and would not help much.

[AmericaUnited]

TIME TO GO TO THE MATTRESSES!

[Go Gordon]

If Republicans were able to force a change by jamming through a procedural ruling, “It would be a nuclear winter in the Senate,” said the aide. “This place would fall apart. It would be dire consequences if that happened, in my opinion.”

You mean, no....not the dreaded QUAGMIRE!

[CA Conservative]

Does Chief Justice William J. Clinton sound good? Or Chief Justice Hillary R. Clinton? We need to opportunity to fillibuster those choices to death.

By the way, as repugnant as this possibility is, remember that the Chief Justice position, as with any Supreme Court position, only becomes available upon the death or resignation of a sitting Justice. If we can break this filibuster threat, I think you would see Rhenquist and O'Conner step down this year, giving Bush the chance to fill those seats for the next 20-30 years with strong, strict-constructionist conservatives. I think THAT is the best way to prevent a possible Chief Justice Clinton...

[gulfcoast6]

DO IT, stop taking about it.

[FreedomFlyer]

The rules of a prior Congress cannot constitutionally be used to prevent a MAJORITY of the current Congress from giving its consent to a nomination. The Constitution provides for Senate consent to nominations and a majority wants to give that consent, but is prevented from doing so by a resolution passed by a long-ago Congress in 1975. This all seems to violate the Constitution to me.

The current Congress has the right to consent if it wants to. No supermajority rule of a prior Congress can bind a majority of the current Congress.

So here is what should happen:

The Dems filibuster.
The Repubs raise a point of order.
The Parliamentarian is consulted and advises that the filibuster is legal.
The President of the Senate (Cheney) rejects the advice and rules that the filibuster is out of order.
The Dems appeal the ruling of the President of the Senate.
The Senate votes 51-49 to uphold the ruling of the President of the Senate.
The filibusters are over, just like would happen in the House in any event--no big loss.
The dems sue in court, but lose 7-0 in the US Supreme court because, no matter whether the Senate is right or wrong, it is the FINAL judge of its own rules.

Filibusters are ODIOUS, most often used for bad purposes, from trying to stop civil rights bills in the 1960s to preventing Breyer from joining the Court of Appeals (he is certainly competent to serve).

[Howlin]

All this would do is require that an up or down vote is held, and will not allow a minority to kill a nomination that had majority support.

Precisely.