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appal_jack

(3,813 posts)
Wed Jun 27, 2018, 09:17 PM Jun 2018

Viable options for fighting the Trump* SC nominee

It's way too soon to roll-over, scream "We're Fuuuuucked," or other defeatist nonsense. Here are two viable options Senate Democrats can take, maybe to derail the nomination, but certainly to fight as hard as they can.

#1: MESSAGING

Via Christian Finnegan on Twitter (@ChristFinnegan):

Dem senators, repeat after me:

“The President of the United States is under investigation for collusion with a foreign adversary and obstruction of justice. There can be no SCOTUS replacement until he’s been cleared.”


#2: Democratic Senators Refuse to Answer Roll Call Votes

https://www.vox.com/mischiefs-of-faction/2018/6/20/17480304/how-democrats-can-shut-down-senate

How Democrats can shut down the Senate
If Democrats refuse to participate in roll call votes, the Senate will come to a halt for lack of a quorum.


What other potentially effective ideas for resistance do DU'ers have?

-app
27 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Viable options for fighting the Trump* SC nominee (Original Post) appal_jack Jun 2018 OP
#1 won't make any measurable difference fallout87 Jun 2018 #1
It should still be said on every talk show & interview, starting NOW. nt appal_jack Jun 2018 #2
Agreed! fallout87 Jun 2018 #4
Why? so some can complain about how if only Democrats would try harder, all would be well...doesn't Demsrule86 Jun 2018 #6
kick-etty kick kick, nt appal_jack Jun 2018 #3
It wont work. We gave up the court in 16 when we elected Donald Trump...not sure what people thought Demsrule86 Jun 2018 #5
I think that everyone here knew election '16 would have terrible consequences. appal_jack Jun 2018 #10
There is a difference in giving up and being realistic about what is possible...we work on the Demsrule86 Jun 2018 #22
Lobby the Republican senators for support OhioBlue Jun 2018 #7
Definitely worth a try! appal_jack Jun 2018 #8
I agree, they do disappoint. I don't hold out a lot of hope, but some. OhioBlue Jun 2018 #14
Peeling off GOP Senators will depend on the nominee DetroitLegalBeagle Jun 2018 #9
The Republican Senators don't give a crap and will never support us...there is no way Demsrule86 Jun 2018 #23
51 senators make a quorum so that only works as long as Senator McCain is not showing bottomofthehill Jun 2018 #11
Can you elaborate? OhioBlue Jun 2018 #12
VP can only break a tie bottomofthehill Jun 2018 #13
thank you for the reply. OhioBlue Jun 2018 #15
The VP is not an elected member of the Senate bottomofthehill Jun 2018 #17
Check the Vox link I posted above. appal_jack Jun 2018 #18
McConnell has scheduled important votes to keep Democratic Senators in place...it was Demsrule86 Jun 2018 #25
But without a Democrat present, who will suggest the absence of a quorum? onenote Jun 2018 #16
What if the dem senator asks for quorum call Takket Jun 2018 #19
Any senator can ask for unanimous consent that a quorum call be rescinded onenote Jun 2018 #20
Interesting, and seemingly a valid point. appal_jack Jun 2018 #24
Packwood tried that 25 years ago: the Sergeant at Arms drags him back into the chamber Recursion Jun 2018 #26
If a Dem is present to call for a quorum call and then flees DetroitLegalBeagle Jun 2018 #27
Here's my try at "thinking outside the box" to fight Trump's SC nominees: in2herbs Jun 2018 #21
 

fallout87

(819 posts)
1. #1 won't make any measurable difference
Wed Jun 27, 2018, 09:21 PM
Jun 2018

#2 won't work either because Mitch sets the agenda/procedure for votes.

Demsrule86

(68,703 posts)
6. Why? so some can complain about how if only Democrats would try harder, all would be well...doesn't
Wed Jun 27, 2018, 10:15 PM
Jun 2018

work that way.

Demsrule86

(68,703 posts)
5. It wont work. We gave up the court in 16 when we elected Donald Trump...not sure what people thought
Wed Jun 27, 2018, 10:15 PM
Jun 2018

would happen.

 

appal_jack

(3,813 posts)
10. I think that everyone here knew election '16 would have terrible consequences.
Wed Jun 27, 2018, 10:48 PM
Jun 2018

I'd further back-date matters to losing the Senate in 2014, actually. And the writing was on the wall even before then.

Still does not make giving up now a good idea in the least.

-app

Demsrule86

(68,703 posts)
22. There is a difference in giving up and being realistic about what is possible...we work on the
Thu Jun 28, 2018, 08:52 AM
Jun 2018

possible..which at the moment is getting babies out of jail, and winning at least the house in 18 ...maybe the Senate...a groundswell of committed Democrats working to flip Republicans seats would be fighting back. Screaming about Democratic leaders not 'fighting' when we have given them no way to do so is merely self -defeating and lessons our chance at the ballot box in 18.

OhioBlue

(5,126 posts)
7. Lobby the Republican senators for support
Wed Jun 27, 2018, 10:21 PM
Jun 2018

The female D senators need to reach out to female R senators - have round table discussions. Also, reach out to any moderate or retiring senators, convince them that their legacy is on the line, convince them to be a profile in courage.

 

appal_jack

(3,813 posts)
8. Definitely worth a try!
Wed Jun 27, 2018, 10:38 PM
Jun 2018

Susan Collins, etc. on the female-R side disappoint fairly consistently, but maybe even they have a limit of decency somewhere.

And like you said, retiring Senators, both male and female, especially those with daughters or granddaughters of reproductive age. It's time for courage and honesty.

Democratic Senators need to grab every lever that's out there.

Thanks, OhioBlue. I spent the better part of five years in the little blue corner of Yellow Springs...

-app

OhioBlue

(5,126 posts)
14. I agree, they do disappoint. I don't hold out a lot of hope, but some.
Wed Jun 27, 2018, 11:15 PM
Jun 2018

I am in my 40s but remember at a tea with Dem activists celebrating Seneca Falls in '08, the conversation among the older women drifted to women they had known that lost their lives from unsafe abortions. The older Senators must remember.

Yellow Springs sounds delightful. I've never been there tho. It is a few hours from me.

DetroitLegalBeagle

(1,927 posts)
9. Peeling off GOP Senators will depend on the nominee
Wed Jun 27, 2018, 10:45 PM
Jun 2018

If trump puts up Roy Moore type nominee, then I think you could easily see 3-4 say no. But if he nominates another qualified and respected(on their side at least) candidate like Gorsuch, then I doubt any would budge.

Demsrule86

(68,703 posts)
23. The Republican Senators don't give a crap and will never support us...there is no way
Thu Jun 28, 2018, 08:53 AM
Jun 2018

to stop judges...we had a chance in 14 and 16 and blew it.

bottomofthehill

(8,351 posts)
11. 51 senators make a quorum so that only works as long as Senator McCain is not showing
Wed Jun 27, 2018, 10:56 PM
Jun 2018

After that, they have their 51

OhioBlue

(5,126 posts)
12. Can you elaborate?
Wed Jun 27, 2018, 11:09 PM
Jun 2018

Are you saying that if McCain doesn't show, they don't have 51 to have a quorum? Wouldn't Pence just step in as President of Senate for 51?

 

appal_jack

(3,813 posts)
18. Check the Vox link I posted above.
Wed Jun 27, 2018, 11:20 PM
Jun 2018

As the link elaborates, yes, the Repubs need McCain to obtain quorum. But they need ALL of them (including McCain) to obtain quorum. Than means no campaign stops for Repubs, no visits to their home states, no evening fundraising calls... if Mitchy-boy wants something, he needs ALL of them. Meanwhile, Dems can (and should) be doing all of those things with their new-found free time.

-app

Demsrule86

(68,703 posts)
25. McConnell has scheduled important votes to keep Democratic Senators in place...it was
Thu Jun 28, 2018, 08:55 AM
Jun 2018

talked about a week or so ago...after all he only has to worry about a few Senators this year,

onenote

(42,778 posts)
16. But without a Democrat present, who will suggest the absence of a quorum?
Wed Jun 27, 2018, 11:17 PM
Jun 2018

A quorum is presumed to be present unless someone demands a quorum call. No republican will do that, so it would have to be a Democrat and that would make 51.
It's possible that if no quorum call is made and a vote is held and only 50 Senators vote, the vote would be evidence of a lack of a quorum. Even if that's the case, all it would take is 26 of the Senators present to call for the Senate Sgt at Arms to go out and compel one of the missing senators to appear. Doing so would make everyone look bad and the odds that Manchin or Heitkamp would wait around for the Sgt at Arms are zero.

Takket

(21,639 posts)
19. What if the dem senator asks for quorum call
Wed Jun 27, 2018, 11:23 PM
Jun 2018

Then runs out of the building before it starts?

I am seriously grasping at straws lol

onenote

(42,778 posts)
20. Any senator can ask for unanimous consent that a quorum call be rescinded
Wed Jun 27, 2018, 11:26 PM
Jun 2018

So, if the Democrat leaves, a republican asks that the quorum call be rescinded, no republican objects and its back to the presumption that a quorum is present.

 

appal_jack

(3,813 posts)
24. Interesting, and seemingly a valid point.
Thu Jun 28, 2018, 08:55 AM
Jun 2018

So really, Repubs need only 49 Senators present, as there needs to be one Dem to object to quorum.

When posting the Vox link above, neither I nor (apparently) the author had thought about the need to call the question of quorum, which of course a group of solely Repubs would not do.

Thanks for the clarification.

-app

Recursion

(56,582 posts)
26. Packwood tried that 25 years ago: the Sergeant at Arms drags him back into the chamber
Thu Jun 28, 2018, 09:05 AM
Jun 2018

The President of the Senate can compel attendance

DetroitLegalBeagle

(1,927 posts)
27. If a Dem is present to call for a quorum call and then flees
Thu Jun 28, 2018, 09:35 AM
Jun 2018

then the Sergeant at Arms and the Capitol police would drag them back, cuffed if necessary. The President of the Senate can compel attendance and the Sergeant at Arms and Capitol police would go out and arrest any Senator trying to avoid quorum.

in2herbs

(2,947 posts)
21. Here's my try at "thinking outside the box" to fight Trump's SC nominees:
Thu Jun 28, 2018, 01:53 AM
Jun 2018

Congress is the only government body possessing the constitutional authority to make the law of the land. Yet, a SC decision becomes “the law of the land” even though Congress has had no role in the court’s decision-making process. In its present-day form, Roe v. Wade reads nothing like the original decision, and each subsequent decision to Roe by the SC has resulted in a new law of the land even though the power of the SC is limited solely to interpreting the constitutionality and applicability of laws passed by Congress.

I suggest that Congress create a committee empowered to review decisions of the SC to ensure that the SC has not and does do not go beyond their constitutional powers and has not infringed on Congress’ constitutional duty as the only body that can make the laws.

If the committee finds that the SC has not stayed within the scope of their constitutional powers, the committee can recommend that Congress repeal the present law and pass a new law and declare that the new law is to be the law of the land on the issue. This would nullify all prior SC decisions on the issue.

There are bumps to this idea as the passage of any such laws would still be subject to the same procedures currently required to pass laws. However, in the case of Roe v. Wade, perhaps voters may stay with Dems for the long haul if voters realize that the Dems are working to protect their rights from conservative judges on the SC.

There are other legal considerations to consider including to ensure that this process would not repeal a Roe v. Wade law passed by Congress should Dems not retain a majority in Congress.

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