The Senate Dams have a ready strategy to confirm the Supreme Court


“We know the votes are not there [to block the nominee], But you do what you can to keep it focused, “said Sen. Doug Jones (D-Ala.), The most sensitive Democratic official who can pull the trigger as a result.” The point is that this is a power grab. . “

Sen. Tim Caine (D-Va.) Added, “We can’t do business normally in an extraordinary situation where the Republican nominee is breaking his word to run.” “We can’t just say, oh, yes, that’s normal. Sorry. “

Senators and aides say it is important to highlight the hypocrisy and abuse of power by Democrats on the part of McConnell (R-Q), who blocked President Barack Obama’s Supreme Court nominee in 2011 Barack, but went further. Pushing. President Donald Trump’s choice before election day, aimed at confirming Amy Connie Barrett. McConnell just needs a simple majority after Republicans scrapped the filebuster for Supreme Court nominees in 2017. And if Democrats can stop Barrett from sitting in court before Nov. 10, he probably won’t be able to rule on the Trump administration’s efforts to invalidate Obamacare.

Democratic senators were quick to justify retaliation efforts, which are only starting in less than 40 days until the November 3 election.

“The process is everything,” said Sen. Bob Menendez (DNJ). “So if you’re going to use the process to try to steal the election, we’re going to try to do everything possible to prevent that process from happening.”

Some Democrats have already said they will refuse to meet with Barrett, as many Republicans have taken to Obama’s 2016 ruling. Merrick Garland. But the party still plans to adhere to certain norms; Democrats on the Senate Judiciary Committee have decided to attend a confirmation hearing despite calls from the left for a boycott.

Indeed, McConnell has told his members that they should be prepared for such tactics from Democrats, who are sensitive to GOP. Can complicate campaign schedules for employees.

Here’s what the Senate Democrats have in their toolkit:

“Two-Hour Rule”

The “two-hour rule”, rarely used since Schumer’s inauguration last Tuesday, could be used to block all committee business after more than two hours in the Senate.

The move came as a surprise to senators and aides, and it led to the cancellation of several important committee hearings – most notably the Senate Intelligence Committee’s briefing with William Ivanina, the country’s top opposition official on election security.

Republicans are quick to take this move as part of Schumer’s “angry delusion.” Schumer objected when intelligence committee chairman Marco Rubio (R-Fla.) Allowed his panel to hold a scheduled session with Ivanina.

“Senate Republicans have no respect for the institution, so we don’t have business here as usual in the Senate,” Schumer said on the Senate floor.

The move made no difference to the Republicans’ timeline for confirming the new Supreme Court’s justice, but it was one of several ways Democrats could disrupt the chamber’s activity.

Perhaps most importantly, when the Judiciary Committee has a series of its confirmation hearings for Barrett in October, the sessions will last more than about two hours. Democrats could then insist on a two-hour rule to block the rest of the day’s hearing.

To slow down the business of legislators

The Senate can quickly finish its work on a bill or nomination with the agreement of all 100 senators. But that rarely happens, and McConnell and Schumer are always wandering their days on the floor to reach a consensus agreement.

On Thursday, Democrats refused to allow the Senate to pass a government-funded bill quickly, requiring McConnell to file a clother and possibly hold a final vote by Wednesday, just hours before the Sept. 30 deadline. The move prevents senators from campaigning for re-election as they head into the Senate business next week.

“Right now I think they’re just trying to make a decision for whatever we do,” Senate Majority Whip John Thun (RSD) told reporters. “Obviously it’s revenge for the court’s decision and they just want it to be difficult. I don’t know why. I don’t mean to bring everyone back next week when we can finish this now. ”

Mind in recess

When the Senate ends its business for the day, it needs the consent of all 100 senators. Any one legislator can object to recessing.

Even when Republicans want to close the store for a day or a few weeks before October, Democrats can force the chamber to stay in session to help weaker candidates for the final belt election before November. However, individual senators and Washington can leave Washington even if the Senate does not formally pause.

Refuse the quorum

To do business, the Senate needs a quorum, or a majority of senators must be present. Any one senator can move the quorum as per requirement. If only a few Republicans are absent for any reason, Democrats could boycott the quorum call and effectively prevent the Senate from doing business.

To defer order and motion issues

Any senator presiding officer may extend a so-called “Order of Order” to the Fischer to ask a procedural question. If the senator disagrees with the presiding officer’s ruling, he or she can appeal and trigger a roll-on vote, in which senators have to spend time voting on objections. Democrats could theoretically do many of these in a row, which could suspend proceedings for hours, days.

They may be forced to postpone or travel, to occupy valuable floor time and to delay Senate business, a series of votes on motion.

Get housing on board

The Democrat-controlled House can take a number of actions to force the Senate to do unrelated business.

One of these is a war power solution, which, if passed by the House, could also be placed on the Senate structure by Democrats in the minority.

Some Democrats have raised the possibility of impeachment of President or Attorney General William Barr, which will force the Senate to take a trial. But the idea quickly took off – and Republicans could easily vote to dismiss the trial.

Delay for final committee vote

After a Supreme Court nominee’s confirmation hearing in the Senate Judiciary Committee, any senator can delay the final committee’s vote by a week. It is a formality to nominate a candidate to the Senate floor by a committee vote.

Under the current timeline, even if the committee’s vote is postponed by a week, the candidacy can reach the Senate floor just before election week. But the Senate will also be able to vote on the nominee in the lame duck session.

But how far are Democrats willing to go?

Individual senators are known to create procedural instability here and there on the Senate floor – but if Schumer develops a coherent strategy and has the support of the entire Senate Democratic caucus, it could quickly become one of a series of delayed tactics. Recent memory.

Sen. voting to confirm Supreme Court Justice Brett Kavanagh. J Manchin (DWVA) and considered. The most conservative Senate Democrat is on board with Schumer’s initial efforts. He was quick to justify the use of Schumer’s two-hour rule, which halted the committee’s business last Tuesday.

“Hell, we don’t do anything around here, we’ve got plenty of time to do meetings,” Manchin said. “They can reschedule.”

Montana Moderate Democratic Sen. John Tester said he has no plans to take Schumer to “second guess” because he sees the option as a Senate catastrophe.

“I don’t know if the Senate was ever what it once was. Mike Mansfield will shake his head today, “Tester said in an interview, referring to the long-serving Senate majority leader. “There’s no sense of fair play, it’s about power, it’s about maintaining power, it’s about drowning people.”

Other Democrats said the disruption and deterrence strategy could prove useful as the party seeks to shed more light on the Senate’s inaction on epidemic relief, which has stalled for weeks after negotiations broke down.

“We are in the midst of a recession and an epidemic, and apparently it is going to move ram to heaven and earth by a biased nominee for the court, but there is no time for us to resolve that.” Judicial Committee member Sen. Chris Kuns (D-Del.) Said in an interview.

At the same time, some Democrats are warning that hostile efforts should have some limits, especially when it comes to interfering in Senate activity, such as the cancellation of an intelligence committee briefing last week.

“You have to be selective about it,” Cain said.