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Filibustering SCOTUS Picks

by BooMan
Wed May 6th, 2009 at 03:57:39 PM EST

On the one hand, the incoming ranking member on the Senate Judiciary Committee, Sen. Jeff Sessions (R-AL), says he has no intention of filibustering Obama's Supreme Court nominee and that the GOP will not misrepresent their record. On the other hand, it only takes one Republican to object to a nominee to create a filibuster. I can't see every Republican giving their consent to a vote on a Supreme Court nomination. Will Jim DeMint of South Carolina consent? My guess is that the Republicans will filibuster, but that the filibuster will fail spectacularly.

I saw Patrick Leahy on the weekend shows try to argue that the Democrats had not filibustered Samuel Alito. That was a lie. The Democrats did filibuster him, but they only got 25 votes to sustain the filibuster. Republicans will feel similar pressure from their base, but the outcome probably won't be very different. We also have to consider the Republicans' tolerance for hypocrisy, since they made a very big deal over the right for SCOTUS nominees to have an upordownvote. We know that their tolerance for hypocrisy is astronomical but we do have a thing called video tape.

Filibustering SCOTUS Picks | 4 comments (4 topical, 0 editorial, 0 hidden)

Re: Filibustering SCOTUS Picks (none / 0)

Sessions was the last person I would have expected such a promise from. Not that there's any good reason to assume he'll keep it, but even making it seems out of character. Were you surprised?

FDR's response to progressive demands: "I agree. Now go out and make me do it."

by DaveW on Wed May 6th, 2009 at 04:07:06 PM EST

Re: Filibustering SCOTUS Picks (none / 0)

Sessions, unlike John Thune is even willing to consider a gay nominee.

by BooMan on Wed May 6th, 2009 at 04:18:10 PM EST
[ Parent ]

Re: Filibustering SCOTUS Picks (none / 0)

Republicans will feel similar pressure from their base, but the outcome probably won't be very different.

Except in the sense that more Republicans feel compelled to do what their base demands, that is.

I think you're right that it will fail, but I'll bet that the failure will be by a much closer margin than Alito was on the Dem side.

Another thought - could Sessions be counting on tying the nomination up in the Judiciary Committee to prevent a filibuster? I could well be wrong, but isn't there a Senate rule that at least one member of the minority party has to vote in the affirmative to bring a vote on the nomination? Sessions could be counting on good party discipline to block nominees without having to resort to the filibuster of the full Senate at all.

by nonynony on Wed May 6th, 2009 at 04:39:09 PM EST

Re: Filibustering SCOTUS Picks (none / 1)

I hope somebody manages to dig up all the corporate-funded propaganda ads that they ran constantly calling on all patriots to call your congressperson and DEMAND an Up or Down vote on George Bush's nominees. And all the rhetoric about using the "Nukular Option" blah blah blah. It was all so nauseating at the time.

by RandyH on Wed May 6th, 2009 at 05:45:21 PM EST

Filibustering SCOTUS Picks | 4 comments (4 topical, 0 editorial, 0 hidden)

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