-
Recent Posts
- Remaining Races and Recounts
- Election Recap
- Electoral College Anachronism
- Election Security
- Election Night Preview — Part Six (Post-Midnight Eastern)
- Election Night Preview — Part Five — The Local News and the West Coast (11:00 To 11:59 P.M. Eastern)
- Election Night Preview — Part Four — Prime Time Hour Three (10:00 to 10:59 P.M. Eastern)
Search
Welcome to DCW
Upcoming Events
7/15/24 - GOP Convention
TBD - Democratic Convention
11/5/24 - Election DayTools
Archives
Tag Cloud
2008 Democratic National Convention 2012 Democratic National Convention 2012 Republican National Convention 2016 Democratic National Convention 2016 Republican National Convention 2020 Census 2020 Democratic Convention 2024 Democratic Convention 2024 Republican Convention Abortion Affordable Care Act Alabama Arizona Bernie Sanders California Colorado Donald Trump First Amendment Florida Free Exercise Clause Free Speech Georgia Hillary Clinton Immigration Iowa Joe Biden Kansas Maine Marco Rubio Michigan Missouri Nevada New Hampshire North Carolina Ohio Pennsylvania redistricting South Carolina Supreme Court Ted Cruz Texas United Kingdom Virginia Voting Rights Act WisconsinDCW in the News
Blog Roll
Site Info
-
Recent Posts
Recent Comments
- tmess2 on Election Recap
- Anthony Uplandpoet Watkins on Election Recap
- Anthony Uplandpoet Watkins on Election Recap
- DocJess on Don’t think we’re getting a contested convention
- Matt on Dems to nominate Biden early to avoid GOP Ohio nonsense
Archives
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- November 2014
- September 2014
- July 2014
- June 2014
- March 2014
- January 2014
- August 2013
- August 2012
- November 2011
- August 2011
- January 2011
- May 2010
- January 2009
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
Categories
- 2019-nCoV
- 2020 Convention
- 2020 General Election
- 2020DNC
- 2024 Convention
- 2028 Convention
- Anti-Semitism
- Bernie Sanders
- Charlotte
- Chicago
- Civil Rights
- Cleveland
- Climate Change
- Coronavirus
- Coronavirus Tips
- COVID-19
- Debates
- Delegate Count
- Delegates
- Democratic Debates
- Democratic Party
- Democrats
- DemsinPhilly
- DemsInPHL
- Disaster
- DNC
- Donald Trump
- Economy
- Elections
- Electoral College
- Federal Budget
- Freedom of the Press
- General Election Forecast
- GOP
- Healthcare
- Hillary Clinton
- Holidays
- Hotels
- House of Representatives
- Houston
- Identity Politics
- Impeachment
- Iowa Caucuses
- Jacksonville
- Joe Biden
- Judicial
- LGBT
- Mariner Pipeline
- Merrick Garland
- Meta
- Milwaukee
- Money in Politics
- Music
- National Security
- Netroots Nation
- New Yor
- New York
- NH Primary
- Notes from Your Doctor
- NoWallNoBan
- Pandemic
- Philadelphia
- PHLDNC2016
- Platform
- Politics
- Polls
- Presidential Candidates
- Primary and Caucus Results
- Primary Elections
- Public Health
- Rant
- Republican Debates
- Republicans
- Resist
- RNC
- Russia
- Senate
- Snark
- Student Loan Debt
- Sunday with the Senators
- Superdelegates
- Syria
- The Politics of Hate
- Uncategorized
- Vaccines
- War
- Weekly White House Address
Meta
Tag Archives: Neal Gorsuch
The Supreme Court and the Filibuster
This week has the potential to be a significant week in Senate history. Over the past two presidencies, there was a rise in the use of the filibuster to block executive branch and lower court nominees. During the George W. Bush presidency, there were enough Democratic and Republican senators willing to work out a deal in which the Democratic senators agreed to vote for cloture on most nominations and the Republicans agreed not to invoke the “nuclear option” (exempting such nominations from the three-fifth’s rule for cloture by the vote of a majority of the Senate). During the Barack Obama presidency, there were not enough Republican senators willing to make such a deal and the Democrats were forced to go with the nuclear option on such executive branch and lower court nominees. However, the normal cloture rules were left in place for Supreme Court nominees.
As a starting point, here is the tentative schedule for the week. First, on Monday, the Judiciary Committee is scheduled to vote on the nomination of Neal Gorsuch. Right now, it appears likely that the committee will approve that nomination by a majority vote. Assuming that the Committee sends its report on that nomination to the Senate on Monday, that would trigger Rule XXXI which provides that (except by unanimous consent which will not be given) the Senate may not vote on a nomination on the same day that the nomination is reported to the full Senate. The Republicans will then attempt to call the matter up for a vote by unanimous consent on Tuesday. At least one Democrat will object, and the Republicans will file a cloture motion. Under Rule XXII, that motion will probably come up for a vote on Thursday and would take sixty votes to pass. Based on current whip counts, those sixty votes will not be there. If somehow, the Republicans get the sixty vote or invoke the nuclear option, Rule XXII would permit thirty more hours of debate resulting in a vote between Friday and Monday the 10th. (Technically, the Easter state work session is currently scheduled to start on the 10th and go through the 21st. The last two weeks of argument in this year’s Supreme Court term are the weeks of April 17 and April 24. So if Judge Gorsuch is confirmed this week, he could sit on the last thirteen arguments of this term. If the final vote takes place after April 21, Judge Gorsuch will not sit on any argument until the next term beginning in October.)
Assuming that the cloture vote goes as currently anticipated, the Republicans will have three options. Option number one would be to use the Easter recess to put pressure on vulnerable Democratic senators. Right now, the two most vulnerable Democratic senators (Joe Manchin of West Virginia and Heidi Heitkamp of North Dakota) seem likely to vote for cloture, but there are other Democratic senators from other states that Trump won by wide margins. While there are ten Democratic senators on the 2018 ballot from states that Trump won (and Maine’s independent Senator is not necessarily going to join the Democrats on this issue), half of those senators are from swing states. The only two other Senators who come from states that were not too close to call in 2016 are Senator McCaskill from Missouri and Senator Donnelly from Indiana. Unless the Democratic senators hear from party activists that party activists do not really care about this issue, the vote is unlikely to change much after the recess. On the other hand, the Republican leadership would be in a stronger position to invoke the nuclear option after the recess. (The more moderate members of the Republican caucus might believe that the Democrats should at least be given some time to debate and make their case before the nuclear option is invoked.)
Posted in Judicial, Senate
Also tagged filibuster
Comments Off on The Supreme Court and the Filibuster
The Week in Review
There is an old saying that a week is a lifetime in politics. In most weeks, there is a lot happening either behind the scenes or at lower levels (e.g., committee hearings and markups on bills that nobody is watching). It is the rare week, however, that so much is taking place front and center competing for the attention of the American public.
The big story of the week was the non-vote on and the collapse of the Republican effort at major health care reform — the so-called Affordable Health Care Act (a name that in itself was an attack on the bill that it was trying to “repeal and replace,” the Affordable Care Act. There are several significant aspects to this non-event.
First, despite their efforts, Donald Trump and Paul Ryan could not get the sizable Republican majority in the House to pass a bill (forget the exact details of the last version of the bill, they could not get a majority behind any version) on one of the top Republican priorities of the past seven years. While Trump may have been a great negotiator, it is very easy to reach a two-sided deal. (Of course, it’s possible that Trump’s belief in his negotiating skill may be one of his great delusions. He may have just been offering the right deal at the right time and actually have been taken to the cleaners in his business negotiations.)When you have three or more sides to a deal, however, it becomes very difficult to keep everybody on board. This problem is particularly true in politics — when one faction thinks that a bill is too conservative and the other faction thinks that the bill is too liberal, there really isn’t any change that could make both sides happy. At that point, it’s not really about negotiating but selling.
Posted in Donald Trump, GOP, House of Representatives, Judicial, Politics, Public Health, Russia
Also tagged Affordable Care Act, Affordable Health Care Act, Donald Trump, Health Care, Paul Ryan, Russia, Supreme Court
Comments Off on The Week in Review