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Showing posts with label nuclear option. Show all posts
Showing posts with label nuclear option. Show all posts

08 April 2017

Senate Confirms Gorsuch To Supreme Court 7APR17


FASCIST, right wing extremist neil gorsuch has been approved  by the repiglican controlled senate after Senatsmehrfotzeheit mitch mcconnell r KY invoked the nuclear option so gorsuch could be approved as the next justice of the U.S. Supreme Court. mcconnell tries to blame the senate Democrats but this is a result of mcconnell's publically stated plan to obstruct Pres Obama. Not only did mcconnell and the senate repiglicans block Merrick Garland from the entire confirmation process the article below notes " Indeed, during President Barack Obama's first term, Republicans blocked or delayed executive branch and lower court nominations 79 times. That's more than half of all the 149 filibusters used against presidential nominees in the nation's history. The Democrats noted that even as they abolished the filibuster for executive and lower court nominations in 2013, they left it in place for Supreme Court nominations, believing that lifetime appointments to the nation's highest court are different. " Now, instead of threats to our civil liberties, civil rights, human rights, to the U.S. Constitution coming from right wing political fanatics  the threats will be coming from the high court itself, the very court that is supposed to protect us all. This from +NPR .....

Senate Confirms Gorsuch To Supreme Court

Updated at 2:47 p.m. ET
Judge Neil Gorsuch was confirmed Friday as the 113th justice to serve on the nation's highest court. The final vote was 54-45, mostly along party lines.
Gorsuch will be sworn in Monday. Chief Justice John Roberts will administer the constitutional oath in a private ceremony at the Supreme Court. Later in the day, Justice Anthony Kennedy, for whom Gorsuch once clerked, will administer the judicial oath in a ceremony at the White House.
Rumors among conservative activists have been swirling around Washington this year that Kennedy will retire at the end of this term of the high court, but the 80-year-old conservative justice, who sometimes votes with the court's liberals, has remained mum on his plans. Were he to be replaced by a Trump-nominated conservative justice, the balance of the court would almost certainly be tipped in a dramatically more conservative direction, and even Kennedy's own legacy on equality for gays and lesbians could be in jeopardy.
For now, though, the focus is on the court's newest justice, the 49-year-old Gorsuch.
His path to confirmation was relatively short by modern standards — just 65 days. But it was accomplished with a historic vote Thursday to end the U.S. Senate's filibuster rule for Supreme Court nominees.
Gorsuch takes the place of the late Justice Antonin Scalia, a conservative icon who died unexpectedly more than a year ago.
The new justice is also a conservative who adheres to many of the same positions that Scalia did. Indeed, some believe that Gorsuch will be more conservative.
While Scalia was enormously well-liked and admired by fellow justices, his harsh written rhetoric sometimes diminished his influence internally on the court. Gorsuch, in contrast, is known for his clear writing, but not for a harsh or dismissive writing style, and that could make him an influential justice on a court that is often closely divided on some major issues.
Though he obfuscated and evaded on many questions put to him during his confirmation hearing, all indications are that he will vote most often with the court's conservative bloc of justices, providing a fifth vote for a conservative majority in 5-4 cases.
The Supreme Court so far this year has punted on controversial issues, seemingly to avoid an indecisive 4-4 tie. But it has cases pending before it for next term that, if granted for review, could expand gun rights to include carrying concealed firearms in public; uphold state voting restrictions that critics contend are aimed at suppressing minority voter turnout; and allow business owners to refuse to serve gay couples, based on religious objections.
Within days of his swearing-in, Gorsuch is likely to face an issue that is particularly difficult for new justices — casting life or death votes on last-minute appeals in capital cases. The number of these cases right now is unusually large. Arkansas has scheduled eight executions for the 11 days after Easter, and it is all but certain that some of those cases will reach the Supreme Court.
Justices past and present have said that regardless of a new justice's experience on the lower courts, it is something very different to have the last word, and that it typically takes several years to get used to the breadth of the caseload and that responsibility. But for a new justice who joins the court mid-term, that task and the fire hose of decisions faced with little time to prepare, is even greater.
In 10 days, the justices will begin hearing their last round of arguments for this term. Among the cases to be heard is a closely watched case testing whether a Missouri church school was wrongly denied state funding for a program to make playgrounds safer. The state maintains that it cannot provide the funding without violating the constitutional requirement of separation of church and state.
Republicans change the rules
Prodded Thursday by Senate Republican leader Mitch McConnell, the Senate voted 52-48, along party lines, to trigger the so-called "nuclear option," eliminating the Senate filibuster for Supreme Court confirmations.
With a series of choreographed parliamentary maneuvers, Republicans were able, by majority vote, to abolish the longstanding rule that required 60 votes to cut off debate on a Supreme Court nomination. The victory prompted high-fives between Majority Leader Sen. Mitch McConnell and the majority whip, Sen. John Cornyn.
Senators from both parties have warned that the move will have profound consequences for the Supreme Court, predicting that more ideologically extreme judges on the right and left will be nominated to the court if only a majority is needed for confirmation. Likewise, senators have predicted that the Supreme Court will itself be injected more and more as a central issue in Senate elections, further eroding the once prized bipartisanship that made the Senate "the world's most deliberative body."
Escalating tit-for-tat in the Senate
Republicans sought to blame Democrats for the shift in the Senate's rules, noting that it was the Democrats who first abandoned the filibuster rule with a majority vote maneuver in 2013.
But Democrats replied that they were left no choice after Republicans' systematic abuse of the filibuster during the first four years of the Obama presidency, making it extraordinarily difficult to confirm lower court and executive branch nominees.
Indeed, during President Barack Obama's first term, Republicans blocked or delayed executive branch and lower court nominations 79 times. That's more than half of all the 149 filibusters used against presidential nominees in the nation's history.
The Democrats noted that even as they abolished the filibuster for executive and lower court nominations in 2013, they left it in place for Supreme Court nominations, believing that lifetime appointments to the nation's highest court are different.
Some Republicans, like Sen. Ted Cruz, maintained on Thursday that the Democrats had bowed to demands from the "radical left" in demanding that Democratic senators "obstruct everything." And indeed, liberal activists have pressed Democratic senators hard on the Gorsuch nomination, threatening some with primary opponents if they voted to allow a quick vote for Gorsuch.
But Democrats cited a variety of reasons for their votes to bar a cutoff of debate on Gorsuch. Among them: his conservative judicial philosophy as expressed in his 10 years on the bench, his evasive answers during the confirmation hearing and a burning resentment at the Republicans' unprecedented refusal for nearly a year to even hold a hearing on Obama's nomination of Judge Merrick Garland to the Supreme Court.
Thursday's vote means that from now on, all nominations, including those to the Supreme Court, can be quickly approved by a majority vote in the Senate.
The remaining question is whether Republicans will seek, by majority vote, to abolish the filibuster as it applies to legislation. On Thursday, Republican Sen. Orrin Hatch of Utah poured cold water on that idea.
"Oh no, we'll never do that," he said in response to a question. "If we do that, then the Senate will become like the House. The Senate is a place of deliberation. It's not supposed to be a place where you just move things quickly through, and the filibuster rule is a very great protection for the minority."
Democratic Sen. Tom Udall of New Mexico said there are plans afoot among a bipartisan group of senators to organize a private meeting in the Old Supreme Court Chamber, located in the Capitol, later this year.
The goal, he said, is to see if senators can figure out a way to promote more bipartisanship in a body where the two parties barely work together at all anymore.


06 April 2017

Republicans’ ‘Nuclear Option’ Could Have Lasting Effects On Federal Judiciary & BREAKING: 8 Arrested to #StopGorsuch & Senate Pulls 'Nuclear' Trigger To Ease Gorsuch Confirmation 6APR17


THE repiglicans have voted to change the US Senate rules and eliminate the filibuster so neil gorsuch can be approved for the US Supreme Court by a simple majority. This is the most extreme political hypocrisy because not only did senate repiglicans prevent a vote on Pres Obama's nominee for the court Merrick Garland in 2016 they also filibustered 79 Obama appointments and nominations during his presidency as part of their obstructionism of anything Obama tried to accomplish. Yes, then Senate Majority Leader Sen Harry Reid D NV did invoke the nuclear option it was only out of desperation to overcome the racist, fascist obstructionist policy of Sen mitch mcconnell r KY and his like minded allies in the senate. Listen to Nina Totenberg's report on WAMU followed by a report from Democracy Spring and +NPR 

Republicans’ ‘Nuclear Option’ Could Have Lasting Effects On Federal Judiciary

6 APR 17 Nina Totenberg

BREAKING: 8 Arrested to #StopGorsuch

We just sat-in inside one of the Senate office buildings demanding the Senate vote NO to confirm Neil Gorsuch to the Supreme Court. 8 Democracy Spring leaders were arrested for their courageous act of civil disobedience and are still in police custody.

Gorsuch would be a disaster for our democracy and our communities. We need a Supreme Court justice who will overturn Citizens United and stop the flood of big money in politics, not make it even easier for billionaires to buy elections. We need a justice who will stand up for everyday working people and fight for women’s and LGBTQ rights, not side with corporations and backward ideologues on the wrong side of history.
We are using nonviolent civil disobedience to resist the confirmation of Neil Gorsuch and defend our democracy. Watch and share this video of this morning’s sit-in.
We need everyone to be a part of this fight. Senate Democrats have filibustered the GOP’s vote to close debate. And now it looks like Republicans are going through with the so called "nuclear option" to change the Senate rules and force Gorsuch onto the court. The final Senate confirmation vote will be tomorrow
We’re in a final leg of this sprint. Here’s what you can do right now to help #StopGorsuch:
  1. Call your Senator and tell them to vote NO on Gorsuch: (202) 224-3121
The resistance is growing. The resistance is here.
Forward together,
The Democracy Spring team
This is how the Senate changes — not with a bang, but with a motion to overturn the ruling of the chair.
By a simple majority vote, Majority Leader Mitch McConnell, R-Ky., set a new precedent in the Senate that will ease the confirmation for President Trump's Supreme Court nominee Neil Gorsuch on Friday, after 30 more hours of debate on the floor.
"This will be the first, and last, partisan filibuster of a Supreme Court justice," said McConnell in a closing floor speech.
Senate Democrats voted against ending debate on Gorsuch's nomination on a near party-line vote, leaving Republicans shy the 60-vote hurdle required by Senate rules to move on to a final confirmation vote.
Democrats opposed Gorsuch for a variety of reasons, including his conservative judicial philosophy, dissatisfaction with his answers during his confirmation hearings and a simmering resentment towards McConnell's decision to block any consideration of President Obama's nominee Merrick Garland last year.
"We believe that what Republicans did to Merrick Garland was worse than a filibuster," said Senate Minority Leader Charles Schumer, D-N.Y.
So McConnell then, as promised, used the power of his position and with all of his GOP colleagues lined up behind him, to essentially change the rules of the Senate — to lower that threshold on Supreme Court nominations to end debate from 60 to 51 votes. The change did not affect the legislative filibuster.
McConnell made a point of order that ending debate on the nomination only requires a simple majority. The motion was not sustained by the chair because Senate rules required 60 votes, so McConnell then made a motion to overturn that ruling. And once that motion passed on a party-line vote, the Gorsuch nomination only needed 51 votes to clear the hurdle.
That mild-sounding parliamentary maneuver has the most destructive nickname, "the nuclear option," because it contains sweeping impact on the Senate, President Trump and all of his successors — and the nation as a whole.
By essentially eliminating the filibuster for Supreme Court nominees — an extension of the 2013 nuclear option triggered by then-Senate Majority Leader Harry Reid, D-Nev., for all lower court and executive branch nominees — all presidential nominees will now face a far easier path navigating through the Senate confirmation process. It also could make it easier for presidents to appoint more overtly partisan justices to the Supreme Court.
The change will also test the character of the Senate and the people who serve in it, and lay bare whether the upper chamber is slowly lurching towards becoming more like the majority-driven and reactionary House of Representatives, where the minority party has little substantive role.
Opponents of easing the filibuster warn that the next and likely step is to eliminate the legislative filibuster, which allows any one senator to hold up a piece of legislation and requires a 60-vote threshold to break the logjam and move such a bill forward. Critics of the filibuster say the maneuver is abused and used so regularly that it has rendered the Senate incapable of acting on even routine legislative matters.
The filibuster and the rights it gives to individual senators and the minority party are reasons why the Senate has long considered itself "the greatest deliberative body in the world."
But the use of filibusters and the polarization between the two parties have dramatically increased in the past two decades, making it harder and harder for the Senate to reach bipartisan consensus even on matters like the annual 12 spending bills.
The impact of McConnell's move Thursday is a matter of heated debate, and its long-term effects are unpredictable. Advocates of changing the Senate rules on filibusters say it may be a necessary evolution for a polarized Congress to function in the modern era, while opponents say it threatens to send the nation further down a path where the two parties are so opposed that bipartisanship and centrism are relics of another era.
"Today's vote is a cautionary tale about how unbridled partisan escalation can ultimately overwhelm our basic inclination to work together, and frustrate our efforts to pull back, blocking us from steering the ship of the Senate away from the rocks," Schumer said.

21 November 2013

Why did Harry Reid go nuclear? Here's why, in one image & Senate GOP blows itself up: What the hell were they thinking? 21NOV13

MORE on the Democrats restoring some sense of order to the US Senate and the weeping and wailing and gnashing of teeth by the repiglicans and tea-baggers, who did bring this on themselves. Here are several articles from Daily Kos...

attribution: Senate Democrats
As I wrote recently:
Republicans have sought, as a rule, to use every tactic imaginable to block the initiatives and policies proposed by this president. They've done so since the night of his inauguration. The use of the filibuster by the Republican minority to block President Obama's nominees (judicial and executive branch) is part of an unprecedented ratcheting-up of the use of that tactic. As Gail Collins so wonderfully put it, we're now at a point where the nomination of a new Federal Reserve Chair cannot come to a vote until Sen. Lindsey Graham (R-SC) decides there's been sufficient discussion of Benghazi.
Great work, Senator Reid, and kudos to the other fifty-one Senate Democrats who did the right thing today. It's a new day for the U.S Senate.

Originally posted to Ian Reifowitz on Thu Nov 21, 2013 at 10:04 AM PST.

Also republished by Daily Kos

http://www.dailykos.com/story/2013/11/21/1257328/-Why-did-Harry-Reid-go-nuclear-Here-s-why-in-one-image?detail=email 

Senate Democrats put a huge dent in Republican obstruction by eliminating the filibuster on almost all executive branch and judicial nominations. Supreme Court nominees are the only remaining exception.

Here is our coverage of this tremendous victory:

We founded the Daily Kos email activism program in August 2010 with a petition urging Senate Democrats to reform the filibuster.

Today, almost 1,000,000 filibuster reform actions later, we won an enormous victory that will transform the courts with waves of nominees who will slowly pull the American judicial system out of the grip of corporate power.

We really can change things if we work together. Thank you.

Keep fighting,
Chris Bowers
Senior Campaign Director, Daily Kos

It’s official: The Senate just got rid of part of the filibuster & Nine reasons the filibuster change is a huge deal 21NOV13

SEN REID D NV Majority leader has finally heard the American people's outrage and has gone nuclear. The repiglicans and tea-baggers have brought this on themselves, the endless, baseless, mind numbing filibusters that have stalled presidential nominations just because they oppose everything Pres Obama wants to do. The operation of the federal government has suffered because of this and rather to continue the gridlock in the Senate the gop / tea-bagger obstructionist forced Sen Reid's hand. From the Washington Post's Wonkblog....

That's it. The Senate finally went nuclear.
(AP)
(AP)
A majority of Democrats voted on Thursday to modify the Senate's rules on filibusters for the first time since 1975. From now on, judicial nominees to federal courts can be confirmed by a simple majority vote. So can the president's executive-branch nominations.
It's not a complete repeal of the filibuster: Supreme Court nominees can still be blocked by 41 senators, as can all legislation. But even this smaller rule change — a move known as the "nuclear option" — is a big break with precedent.
In all, 52 Democrats voted to change the filibuster rules, while all 45 Republicans and 3 Democrats opposed the move. (West Virginia's Joe Manchin, Michigan's Carl Levin, and Arkansas's Mark Pryor were the three dissenting Democrats.)
Reid pushed to change the rules after Republicans once again blocked the nomination of Patricia Millett to the U.S. Appeals Court for the Washington, D.C., Circuit. The Senate voted 57 to 43 to reconsider a vote on her nomination, but that wasn't enough to overcome a filibuster.
Once that happened, Reid went nuclear. He raised a point of order calling for a majority vote to move forward. The Senate parliamentarian ruled Reid's motion out of order. Reid then appealed the ruling, and 52 Democrats supported him. That vote, in effect, altered the Senate rules: A simple majority is now sufficient to cut off filibusters on nominations.
That maneuver, in itself, is a huge deal. In the past, a two-thirds majority has been required to change the Senate's rules in the middle of the session. The fact that Reid changed the rules with a simple majority sets a new precedent — that's why it's known as the "nuclear option."
Reid had threatened this maneuver before after growing frustrated by GOP filibusters, but each time, he backed down after Republicans agreed to let some nominations through. This time, there was no deal.
On the floor earlier on Thursday, Reid complained that Republicans have repeatedly blocked President Obama's judicial nominees and executive-branch appointments over the past five years. That includes Obama's three nominees to the important D.C. Circuit Court of Appeals — Millett, Nina Pillard and Robert Wilkins — as well as executive-branch nominees like former Congressman Mel Watt, who was nominated to head the Federal Housing Finance Agency.
"In July, after obstructing dozens of executive nominees for months, and some for years, Republicans once again promised that they would end their unprecedented obstruction," Reid said. "One look at the Senate’s Executive Calendar shows nothing has changed since July." He pointed out that there are 75 executive-branch nominations currently in limbo, having waited an average of 140 days.
Republicans, for their part, warned that Democrats will come to regret changing the Senate's rules in this fashion — particularly if the GOP ends up retaking the chamber in the 2014 elections. “You’ll regret this, and you may regret this a lot sooner than you think,” said Senate Minority Leader Mitch McConnell (R-Ky.).
Back in June, McConnell warned that if Reid changed the filibuster rules for executive-branch nominees, the filibuster would eventually die altogether. "There is not a doubt in my mind," he said, "that if the majority breaks the rules of the Senate to change the rules of the Senate with regard to nominations, the next majority will do it for everything."
Further reading:
-- A brief history of the Senate filibuster fight.
-- Everything you need to know about the nominations fight.
Brad Plumer
Brad Plumer covers energy and environmental issues, which ends up including just about everything from climate change to agriculture to urban policy and transportation. Follow him on Twitter at @bradplumer. Email him here.

Nine reasons the filibuster change is a huge deal


1. The change the Senate made today is small but consequential: The filibuster no longer applies to judicial or executive-branch nominees. It still applies to bills and Supreme Court nominations.
Goodbye, filibuster. (Kevin Lamarque/REUTERS)
Goodbye, filibuster. (Kevin Lamarque/Reuters)
2. Well, technically it still applies to all bills and Supreme Court nominations. In practice, legislation that mainly uses the government's tax and spending powers can evade the filibuster using the budget reconciliation procedures. That's how George W. Bush's tax cuts passed, and how Obamacare was finished. As for the Supreme Court, it's very hard to believe that Democrats or Republicans would accept filibusters of qualified Supreme Court nominees, either. And, as Democrats proved today, they don't have to.
3. The filibuster now exists in what you might call an unstable equilibrium. It theoretically forces a 60-vote threshold on important legislation. But it can — and now, in part, has —been undone with 51 votes. Its only protection was the perceived norm against using the 51-vote option. Democrats just blew that norm apart. The moment one party or the other filibusters a consequential and popular bill, that's likely the end of the filibuster, permanently.
4. The practical end of the Senate's 60-vote threshold is not plunging the chamber into new and uncharted territories. It's the omnipresence of the filibuster in recent decades that plunged the chamber into new and uncharted territories. At the founding of the Republic, the filibuster didn't exist. Prior to the 1970s, filibusters — which required 67 votes to break for most of the 20th century — were incredibly rare.
killing filibuster
5. As Gregory Koger, a University of Miami political scientist who researches the filibuster, told me: “Over the last 50 years, we have added a new veto point in American politics. It used to be the House, the Senate and the president, and now it’s the House, the president, the Senate majority and the Senate minority. Now you need to get past four veto points to pass legislation. That’s a huge change of constitutional priorities. But it’s been done, almost unintentionally, through procedural strategies of party leaders.”
6. The rise of the filibuster and the death of the filibuster can be traced to the same fundamental cause: Party polarization. Before the two parties became reasonably unified and disciplined ideological combatants, filibusters were rarely used as a tactic of inter-party warfare because each political party had both members who supported and opposed the bills in question. As that era waned, the filibuster became constant because parties could agree on what to oppose. But that's also why the filibuster's days were (and are) numbered: The majority party agrees on what to support, and continual filibusters against those items increase the majority party's anger at the filibuster itself.
7. Republicans take a lot of the blame here. They've used the filibuster more aggressively than Democrats, by a wide margin. They've also been less willing to cooperate with Democrats on general legislative efforts, making the presence of the filibuster more costly to the Democratic Party. And they've been so unwilling to work with Democrats this year that they essentially removed all reason for Democrats to stay their hand. The way Senate Democrats saw it was that if they weren't going to get immigration reform or gun control or jobs bills or anything big that they cared about, then at least they would get their judicial and executive-branch nominations.
8. There's a lot of upside for Republicans in how this went down. It came at a time when Republicans control the House and are likely to do so for the duration of President Obama's second term, so the weakening of the filibuster will have no effect on the legislation Democrats can pass. The electoral map, the demographics of midterm elections, and the political problems bedeviling Democrats make it very likely that Mitch McConnell will be majority leader come 2015 and then he will be able to take advantage of a weakened filibuster. And, finally, if and when Republicans recapture the White House and decide to do away with the filibuster altogether, Democrats won't have much of an argument when they try to stop them.
9. With gun control dead, immigration reform on life support and bitter disagreement between the House and Senate proving the norm, it looked like the 113th Congress would be notably inconsequential. Today, it became notably consequential. It has changed how all congresses to come will work. Indeed, this might prove to be one of the most significant congresses in modern times. Today, the political system changed its rules to work more smoothly in an age of sharply polarized parties. If American politics is to avoid collapsing into complete dysfunction in the years to come, more changes like this one will likely be needed.
Ezra Klein
Ezra Klein is the editor of Wonkblog and a columnist at the Washington Post, as well as a contributor to MSNBC and Bloomberg. His work focuses on domestic and economic policymaking, as well as the political system that’s constantly screwing it up. He really likes graphs, and is on TwitterGoogle+ and Facebook. E-mail him here.