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onenote

(42,761 posts)
Tue Dec 26, 2017, 08:38 PM Dec 2017

If the Democrats get control of the Senate should they reinstate the filibuster for SCOTUS nominees?

If (and it's a big if) the Democrats regain control of the Senate, should they reinstate the filibuster for SCOTUS nominees?

I know the immediate reaction to this question for many would be "no" -- that if we have a majority in the Senate, we can block Trump's supreme court nominees with that majority.

But like it or not, there are 3 or 4 Democratic senators that cannot be relied on to oppose Trump's nominees. Remember, Heidi Heitkamp and Joe Manchin both voted for Gorsuch. And Doug Jones would be under a lot of pressure to go along with a Trump nominee.

That's why it may make sense to reinstate the filibuster. The Democrats who are at risk if they oppose a Trump nominee can vote for cloture, but the remaining 40 plus Democrats can stop the nomination from going forward by refusing to approve cloture. It's a win-win.

Plus, if the Democrats take the White House in 2020 and retain and/or increase their Senate majority, they can kill the filibuster for SCOTUS nominees to prevent the republicans from using it against a Democratic president. Hypocritical? Sure. But given that the republicans killed the filibuster to push through Gorsuch, their objections also would be hypocritical.

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onenote

(42,761 posts)
3. Because it gives them cover.
Tue Dec 26, 2017, 09:04 PM
Dec 2017

The only vote that takes place is the cloture vote and they vote "For" the nominee.

Demsrule86

(68,672 posts)
5. They won't vote 'no' for the nominee...and the GOP needs to be paid back period...we will never vote
Wed Dec 27, 2017, 10:47 AM
Dec 2017

for any of their nominees if they have the presidency and we have the Senatorial majority...it is over. No president will ever get a confirmation of judges without holding the Senate as well...not good for the country...but McConnell and his gang did it. Hope in 19, we get to block every Trump nominee and let the voters decide.

onenote

(42,761 posts)
8. You can't be sure about that
Wed Dec 27, 2017, 12:25 PM
Dec 2017

If the Democrats take control of the Senate in 2018, it will mean that at least three seats that previously were held by Republicans flipped to Democrats. There is no guarantee that those Democrats as well as some others, will vote no on a Supreme Court nomination -- remember, two Democrats voted yes for Gorsuch. I'm not blaming them or holding it against them -- it may just be the political reality they face having been elected in states that still trend red more than blue.

Reinstating the filibuster is an easy vote for them and it ensures that we can block any Trump SCOTUS nomination in the last two years of his term with as few as 41 votes.

Demsrule86

(68,672 posts)
13. I am sure of that...and they have no reason to do that...
Wed Dec 27, 2017, 06:53 PM
Dec 2017

only court junkies pay attention to that stuff...and everyone knows Garland was stolen...the conservadems have done fine this year...and are the best we can do. I like Manchin personally...seems like a good guy.

Demsrule86

(68,672 posts)
4. The answer is no...and singling out moderate Senators who are fighting to retian their seats this
Wed Dec 27, 2017, 10:45 AM
Dec 2017

year....why do you do that? They have voted with the Dems this year period. Without a big tent and some moderates , we won't have a majority...without a majority, we get nothing done...and we lose things inch by inch...please stop.

Orsino

(37,428 posts)
6. And let the GOP steal more seats?
Wed Dec 27, 2017, 10:52 AM
Dec 2017

Republican senators have proven that they will not let a Democrat seat new justices if they can help it.

If there's a new vacancy, and Mitch McConnell suddenly starts talking about installing a nominee we wanted, and they do it, that would prove they are willing to play by civilized rules again.

That's not gonna happen, though.

Tom Rinaldo

(22,913 posts)
7. No, because the Republicans would just reenstate it the next time it was to their advantage
Wed Dec 27, 2017, 10:57 AM
Dec 2017

We would end up with a temporary filibuster that only hampered Democrats and vanished again if Republicans ever were back in control.

onenote

(42,761 posts)
9. How would Democrats be "hampered"?
Wed Dec 27, 2017, 12:32 PM
Dec 2017

My proposal is that the Democrats, having regained (narrowly) control of the Senate in 2018, reinstate the filibuster rule for SCOTUS nominations. That allows us to block any Trump SCOTUS nominee during the last two years of his term with as little as 41 votes.

If, in 2020, we continue to hold the Senate and win the White House, we do exactly what the repubs did -- we get rid of the filibuster for SCOTUS nominations.

If we win the Senate but lose the White House (unlikely) we stand pat, knowing we can continue to block repub SCOTUS nominees with as few as 41 votes.

If we lose the Senate and win the White House (also unlikely), the repubs might leave things the way they are so they can filibuster our nominees or they might simply vote them down with their majority --either way they have the upper hand, no matter what we did during 2019-2020..

And if we lose the Senate and the White House, the repubs will leave things where they are today.

So, again, how does building in the ability to block Trump's SCOTUS nominees with only 41 votes "hamper" us?

Tom Rinaldo

(22,913 posts)
10. I was assuming political consistency and integrity.
Wed Dec 27, 2017, 01:38 PM
Dec 2017

I probably didn't read your OP carefully enough. To be clear I am not knocking you for laying out a pragmatic political approach to the Trump presidency as you outlined. I simply don't naturally think that way. I default to believing with a political system that either something makes sense or it doesn't, and therefor either it should be embraced or eliminated if the choice is ours to make. I like ideals that remain constant, so, for example, I hate when a political party is in favor of term limits when it is out of power, but opposed them when it is in power. Or when a political party believes in reducing deficits when out of power, but gladly increases them when it is in power. Or when it wants a balanced budget amendment when out of power, but opposes one when it is in power. The Republican Party has done all of the above, but it's not how I intuitively think.

onenote

(42,761 posts)
12. Trying to make sure he has protection if he decides he needs it.
Wed Dec 27, 2017, 01:56 PM
Dec 2017

Political reality. Just as it was political reality that led certain Democrats to vote for Gorsuch. Would Jones vote for a Trump nominee? I don't know -- and neither do any of us. It might depend on the nominee. But I think there is a pretty strong chance that there are 41 Democrats in the Senate that will vote against any Trump SCOTUS nominee and reinstating the filibuster would allow those nominee to be blocked without Jones -- or any other Democrat -- being put on the spot in an "up or down" vote.

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