Thursday, April 6, 2017


April 6, 2017
     CATCH 22 - The Republican Senate instituted the "nuclear option" to cut off debate (filibuster) over Supreme Court candidate. My feeling is that is bad idea, but according to the ThoughtCo above, doing so is not unconstitutional, it is 
only a "rule," set up by the Senate itself. But somehow it seems like a "CATCH 22" - take a majority vote, to change a super-majority rule into simply majority rule.
......But it has a single precedent - cloture was done November 21, 2013 by the Democrats on the "important" issue of cabinet appointments. 
... Akhil Reed Amar, in the progressive Slate Magazine warned, at that time that it was a dangerous precedent, saying, "Thursday’s vote to restore majority rule in the Senate is politically earth-shaking. The principle that a simple majority of truly determined Senators may properly modify filibuster rules on any day....has now been firmly established in actual Senate practice, and there is no going back. The nuclear-option genie is now out of the bottle. 
......The filibuster-reform vote applies only to certain nominations—Supreme Court slots are not covered—but Friday (or any day thereafter) the Senate is free to sweep in the Supreme Court confirmation votes, or ordinary legislative votes, or anything else. 
......When the Republicans next control the Senate—and of course one day, they will—they too will be free to insist on simple majority rule. What goes round, comes round." (Amar is author of The Constitution Today: Timeless Lessons for the Issues of Our Era) 
.....I would argue that in the case of supreme court justices, it is really justifiably "important." They are appointed for life, not like cabinet members who at least are subject to ever-changing political will voting a succession of administrations. 
....With the Supreme Court anchoring a co-equal branch of government in a dynamic tension of checks and balances, it would seem that maybe this is one situation that should be included with the other Constitutional Rules for Super-majorities, and not be created or invoked at the level of Senate rules.
... We should try to anticipate scenarios and unintended consequences, but I think an amendment should be considered.
    There has been a lot of talking about confirmation, filibuster, closure, nuclear option. Here on ThoughtGo is excellent background explanation about what are the Constitutional rules and the Legislative Rules. https://www.thoughtco.com/the-supermajority-vote-in-us-gove… Well worth a read, as well as scrolling down for more background articles about our government past and present.