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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNo nuclear option? 2/3 majority vote is needed to change Senate procedure and override a filibuster
http://thehill.com/blogs/congress-blog/politics/326423-what-if-theres-no-nuclear-optionIn the absence of a plausible constitutional issue raised by the Gorsuch filibuster, the 2013 precedent is simply inapplicable. If the Republicans, nevertheless, insist on invoking the Nixon rule, respect for Rule XXII mandates that, in the absence of plausible allegations of unconstitutional abuse, the scripted point of order at the heart of the nuclear option be sustained by 2/3 of the senators present and voting before it morphs into a binding Senate precedent. At a minimum, unlike the sleepy Republicans in 2013, the Democratic Senate leadership should counter with points-of-order demanding debate on any appeal to the Senate that does not require a 2/3 vote.
Basically, the normal procedure can only be done if the Dems are doing something *unconsitutional* with their filibuster. And it's doesn't seem like they are doing that.
gratuitous
(82,849 posts)I'm afraid Senate Republicans have long since scrubbed any trace of that from their governing philosophy.
But wouldn't it be delicious if the Senate's own rules stop the Republicans from ending the filibuster? If that happens, I have a few choice words I would like to express to the concerned pundits who were very concerned that Democratic stubbornness was going to be the death of the filibuster, and wouldn't it be a good idea to keep our powder dry for a battle that was really worth fighting, so the Republicans could nuke the filibuster then?
Fast Walker 52
(7,723 posts)and McConnell will likely just go nuclear without the proper justification
Eliot Rosewater
(31,097 posts)Dont get me wrong, I dont believe there are two sides anymore.
Our side arent killers and thieves, their side is, so it is NEVER about two sides anymore.
Fast Walker 52
(7,723 posts)appointed by Obama for no reason-- so it fit into Nixon's idea of a nuclear option used to overcome unconstitutionality.
Here, the Dems are exercising their constitutional rights to mount a filibuster.
Eliot Rosewater
(31,097 posts)I assume we couldnt get 2/3, so I am hoping that is the requirement here as they cant either.
Fast Walker 52
(7,723 posts)to act extra-constitutionally because the GOP was not following the constitution.
SickOfTheOnePct
(7,290 posts)There is no constitutional right to a filibuster.
Fast Walker 52
(7,723 posts)will bother with the rules, or follow even a figleaf of them.
onenote
(42,374 posts)The Senate rules allow a filibuster. The Constitution nowhere requires it.
red dog 1
(27,648 posts)Near the end of his Opinion Piece, Neuborne writes:
"Democratic Senate leadership should counter with points-of-order demanding debate on any appeal to the Senate that does not require a 2/3 vote."
Couldn't McTurtle merely slam down his gavel on any such point-of-order "demanding debate"?
If so, what good would any such action accomplish?
(Perhaps it would make the Turtle so mad he might "come undone" if 20 or 30 Senate Dems tried this?)
Fast Walker 52
(7,723 posts)were responding in an extra-constitutional way to an extra-constitutional ploy used by the GOP to block Obama's judges. I.e., they had some sort of legal justification.
ProudLib72
(17,984 posts)Who decides if there is unconstitutional abuse?
Fast Walker 52
(7,723 posts)it's unconstitutional abuse. So yeah, it's gonna happen, almost certainly.
Vinca
(50,170 posts)What a mess.
Fast Walker 52
(7,723 posts)Fast Walker 52
(7,723 posts)Vinca
(50,170 posts)Amaryllis
(9,523 posts)onenote
(42,374 posts)The Senate didn't have to allow filibusters and can interpret its rules relating to filibusters and other rules as it wishes. The judicial branch will not get involved. Cases in which the courts have ruled on whether the House or Senate have followed its rules are readily distinguishable from this one.
Fast Walker 52
(7,723 posts)and not even a point was made on constitutional order apparently.
http://talkingpointsmemo.com/dc/gorsuch-confirmation-filibuster-nuclear-option