There was no filibuster of Robert Bork. He was given a vote on the floor of the Senate and defeated 42-58. There was no filibuster of Clarence Thomas even though one could have been theoretically sustained considering that he only received 52 votes to be confirmed as a Justice to the Supreme Court. In both cases, the Democrats granted their unanimous consent to a motion to proceed to a full confirmation vote. However, there is no possibility that there will be unanimous consent to proceed to a similar vote on the nominee President Trump announced tomorrow night at 8pm. Democratic Sen. Jeff Merkley, for one, will exercise his right to object.
The best precedent for this happened when John Kerry objected to proceeding to a vote on Samuel Alito, but his effort went down to defeat and Alito was confirmed with 58 votes, which was less than the 60 needed to overcome a filibuster. If those Democrats who refused to confirm Alito had refused to allow a vote at all, he would likely not be on the Supreme Court today.
I say “likely,” because it’s possible that the Republicans would have responded by invoking the so-called Nuclear Option and taking away the minority party’s right to stop a vote on Supreme Court nominees. It’s hard to say if that would have happened back in 2005, but it seems more certain that it will happen this time around.
Before I get to that, though, it should be kept in mind that this nomination will be unusual in at least two important respects. First, it is only happening because the Republicans blocked any consideration of Merrick Garland, President Obama’s nominee to replace Antonin Scalia. That move was unprecedented and has invited payback in kind. The second reason is that this nomination will be made hastily without the normal consultation and (tacit) approval of the Senate minority’s leadership. It’s not unusual for the minority to make a big fuss about opposing a Supreme Court nominee, but they usually have the ability to veto really radical appointments by threatening to filibuster them. In the end, for example, John Roberts was seen as acceptable by Democratic leaders even though they didn’t want him on the Court. Alito was a much closer call, which is also why he’s the best precedent for what we’re about to see. In the case of Bork, the Democrats’ warnings were ignored, but they were able to defeat him outright without resorting to procedural tactics.
As for the Republicans, they also signaled (quietly) that Sonia Sotomayor and Elena Kagan would be acceptable to them. The result has been that both parties have been able to put (respectively) liberal and conservative Justices on the Court, but they’ve had to restrain themselves somewhat in their choices. Again, Alito pushed the envelope in this respect further than it had been pushed before.
In this case, no real effort has been made to prevent a filibuster, which is the same as inviting one. That can only mean that the administration’s expectation is that the Senate will invoke the nuclear option and do away with the filibuster for Supreme Court nominees.
This will, of course, cause a massive uproar and it will drown out all the things people are talking about today, from the Muslim immigration ban to putting Steve Bannon on the National Security Council to the Russian question to the wall on the Mexican border to the threat of war over Taiwan with China to Trump’s inability to discern the difference between reality and fantasy.
Maybe that’s half the point, especially because conservatives are so motivated over this Supreme Court appointment that they’ll set aside everything else to fight for it.
I don’t have any great advice for how to prevent people from getting distracted other than to point out that people are at risk of getting distracted.
That can only mean that the administration’s expectation is that the Senate will invoke the nuclear option and do away with the filibuster for Supreme Court nominees.
I hope their are not enough senators will to vote to end the filibuster
While it’s a slim hope, I do hope that all the shit that’s been flying out of Trump/Bannon for the past 9 days will do ENOUGH to motivate sufficient Republican senators to decide NOT to nuke the filibuster. Recent events should have convinced the “gettable” ones that they have an actual responsibility to the nation.
Yeah, very slim, but still possible.
Trumper has lots and lot of rabbits to pull out of his hat. But when everything is important, I’m not sure that anything is a distraction.
Dems are already calling this the “stolen seat”, so good rhetoric so far. Gruppenfuhrer Bannon’s pick will be absolutely horrendous, so all avenues of delay and every conceivable info request needs to be undertaken by Dems.
Every possible line of defense must be erected and contested, every day, week and month must be wrung out of the process, to the bitter end.
Also, too, can’t wait to hear phony Repub outrage over a having a “shorthanded” and “dysfunctional” Supreme Court that harms our national security!! “Every day without 9 places us at risk!!”
Will the hapless corporate media parrot such mendacious Repub rhetoric or throw it back in McConnell’s loathsome face? Another test for the New Media, haha…
blast of outrages spewing from the Trump firehose, none are unimportant, none are distractions.
I do presume, though, that there’s also a conscious tactic underlying the shit tsunami, i.e., overwhelm the opposition by burying it and evading focused opposition to any one outrage by constantly committing so many — a deliberate attempt to provoke activist fatigue and resignation.
I would expect the elimination of the nuclear option would trigger yet another round of furious mass protest and intense constituent pressure. If things continue in this vein, is it possible that Trump, assuming he has retained a semblance of rationality, might conclude that endless social and political instability threatens the all-important the family bottom line and jettison Bannon before the handbasket plummets into the Lake of Fire? Or have the insatiable appetites of Trump’s massive ego grown to the point where they invariably take precedence over his cravings for wealth?
Flynn has already been sidelined by Bannon so I doubt he would be booted. Bannon after all, won him the election.
Do we really think that there will be a popular uprising against the nuclear option? I feel like Republicans already won that battle when they filibustered Obama’s nominee, basically informing the country that only their candidate would do.
I think the nomination itself will create an uproar, but I don’t know that it will last and I don’t know that the nuclear option is a red line for many people.
However, I confess that this may just be my personal experience with the Supreme court was to ignore it (I was a youngin during Bush days) or treat it as lightly hostile from the get go. It just has not been much in my political thoughts because it is vaguely hostile to the progressive agenda already.
As someone who marched in Washington and has become very active in organizing in my community, my sense is that an awful lot of people are now fully “woke” and prepared to let nothing pass without making a big noise about it. The age of progressive apathy is over. There will be no end of destabilizing triggering events. Business interests fear instability, as the recent shudder in the stock market due to the travel ban shows. Bannon’s Leninist fantasies may ultimately prove a major economic liability, if not to a wingnut Kool-Aid and incipient dementia-addled Trump, then to the powerful interests currently lined up behind the administration. Perhaps this is wishful thinking. I don’t know.
The Koch brothers, who opposed Trump during the campaign, are making their displeasure plain with what he’s been up to as President, and are planning to take political action against him.
https://www.washingtonpost.com/politics/koch-network-poised-for-new-role–as-the-conservative-resist
ance-to-trump/2017/01/30/7750ef02-e67c-11e6-bf6f-301b6b443624_story.html?utm_term=.6f5cc73e3ef0
I expect to see the stock market stumble as repercussions continue to ripple worldwide; if enough powerful business interests see Trump as a threat to their interests rather than an enabler of them and decide to lean on Congress, things could get interesting.
Well, even more interesting than they already are.
The Koch brothers, who opposed Trump during the campaign, are making their displeasure plain with what he’s been up to as President, and are planning to take political action against him.
Don’t be fooled. The Koch brothers are only interested in driving this country even farther to the right. Trump is just a means to an end for them.
Nobody is “fooling” anyone. Either the Kochs spend money against Trump’s policies, or they don’t. If they do, that’s great. They’ll still suck about everything else.
Exactly. No need to patronize me about being “fooled”.
We’re being Gish-galloped into fascism, aren’t we.
But it’s not about getting distracted, all of these things are worth opposing / resisting.
You were right to call this a five alarm fire in your other post. This is worse than I could have ever imagined, and I have some pretty dark dreams.
Not completely off topic: Trump seems to have registered on inauguration day for the 2020 presidential election. He is not going away.
http://docquery.fec.gov/cgi-bin/fecimg?_201701209041436569+0
I got the preceding at:
https:/medium.com@yonatanzunger/trial-balloon-for-a-coup-e024990891d5#.pmg7hhdky
If reliable, shocking.
What are the odds that he’s still alive by then, let alone president?
I’m not so sure that doing away with the filibuster would cause a massive uproar, or even a not-so-massive one.
Wouldn’t it be inside baseball to a lot of people?
The GOP faces a pretty big decision relative to the filibuster.
I have little doubt they will need to blow away the filibuster on the Supreme Court.
But the rubber will really meet the road on Obamacare. There is no way I see them getting 60 votes for anything resembling what might get through the House.
Short of foreign policy disaster the biggest place for Trump to fuckup is on Obamacare.
I wonder if they know that.
Showing Her Fascist Colors …
Queen Liz has invited Der Trump for a courtesy call at Buckingham Palace…. remembering the roaring 1930s
○ Britain has a tradition of controversial state visits – Trump will fit in well | The Guardian |
Illustrious predecessors in the atypical category: Mobutu Sese Seko – Robert Mugabe – Nicolae Ceaușescu (death by firing squad)
Interesting, someone else besides Winston Churchill writing about history and the narrow escape of fascism by the Allied victory over the German Axis … the planning of a new world order.
○ The Other War: FDR’s Battle Against Churchill and the British Empire
"The historical evidence shows that Roosevelt entered into the military alliance with Britain with only one purpose in mind: the defeat of an enemy. The historical evidence also shows that Franklin Roosevelt was committed to dismantling the British Empire--and all other empires--and to replacing them with sovereign nation-states, modelled on the American constitutional republic, in which each citizen would be given, through access to modern scientific education and Western culture, the opportunity to create a better life for himself and his posterity.
It is this view of man, in the tradition of Western Judeo-Christian civilization, that places a value in each sovereign human individual, that the oligarch Churchill bitterly opposed, and that President Franklin D. Roosevelt espoused.
In 1946, as the history of the period was already being rewritten, FDR's son, Elliot, published a short book, titled "As He Saw It". With pungency and force, using first-hand acccounts, Elliot told the truth about his father's bitter fights with Churchill, leading the historian Arthur Schlesinger, Jr. to state in a contemporary review that the book's central thesis was that Roosevelt saw Great Britain and its imperial system as a far greater adversary to the United States than Russia.
Some historians have charged the younger Roosevelt with inaccuracies in reporting. However, Elliot's reports have been subsequently supported by reams of declassified documents, as well as first-hand accounts from the day. What emerges is the story of a pitched battle between two powerful actors on the stage of history--often fought in the open--over two diametrically opposed visions for the postwar world."
Churchill stressed the symbiotic relationship between Britain and her colonies, particularly the so-called white dominions.
“They belong to the empire, and … the empire belongs to them.”
Of course the bust of Winston Churchill has been returned to the Oval Office in the White House after 8 years in exile.
This is scary because the next Supreme Court nominee is one of those issues in that sweet spot where rank-and-file conservatives are, simultaneously, woefully ignorant and yet convinced it’s life-or-death important.
They don’t really understand what’s at stake (many of them think Roe v. Wade is perpetually on the chopping block); they were bewildered by many of Roberts’ more important decisions…and many of them seem to not understand the rôle of the court in the most general “civics 101” sense — except they’ve been trained to see it as the most important ball game of all. (Which, arguably, it is, but not in the way they think.) I can’t envision Trump supporters or even sane Republicans mustering any outrage over what happened with Obama’s appointment…nobody seemed to mind or even notice.
So this could be bad. The Fox News machine will extoll the virtues of whoever Trump appoints, conservatives will hold their noses because “it’s so important” (see above) and liberals will be accused of politicizing the proceedings. It doesn’t bode well.
That can only mean that the administration’s expectation is that the Senate will invoke the nuclear option and do away with the filibuster for Supreme Court nominees.
I don’t know. I don’t think Trump is smart enough to expect/plan much of anything. At least I haven’t seen any signs yet of anything to do with planning. All I see is tweets and EOs based on whatever creeps into his mind.
I’m not saying the Senate won’t invoke the nuclear option.
I agree. Best to apply Trump’s Razor in these situations.
Please read this story at the link; hit “show more” until you get it all:
https://twitter.com/dyllyp/status/825397560126824448
Pass it along to people who need to read it right now, so they can gain a little more understanding of why Trump’s EO, and the things he and others are saying to support it, are so wrong.
This is extraordinary and outrageous:
Hill staffers secretly worked on Trump’s immigration order
Several House Judiciary Committee aides helped craft the controversial directive without telling Republican leaders.
By RACHAEL BADE, JAKE SHERMAN and JOSH DAWSEY 01/30/17 08:26 PM EST Updated 01/30/17 11:11 PM EST
“…Kathryn Rexrode, the House Judiciary Committee’s communications director, declined to comment about the aides’ work. A Judiciary Committee aide said Judiciary Committee Chairman Bob Goodlatte (R-Va.) was not “consulted by the administration on the executive order…
…The work of the committee aides began during the transition period after the election and before Donald Trump was sworn in. The staffers signed nondisclosure agreements, according to two sources familiar with the matter. Trump’s transition operation forced its staff to sign these agreements, but it would be unusual to extend that requirement to congressional employees. Rexrode declined to comment on the nondisclosure pacts…”.
I do not believe that “unusual” is the appropriate adjective for the nondisclosure agreements. I believe “THIS HAS NEVER HAPPENED BEFORE” would be more accurate.
We’re moving into frikkin loyalty oath territory.
Godwin be damned; we’re in 1930s Germany redux.
Only if there’s an actual fight.
Some of the Democrats seem to be on board with a full-on battle royale, others… not so much.