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NewsCenter28

(1,835 posts)
Wed Jun 27, 2018, 05:53 PM Jun 2018

Cant a bonafide Liberal senator just place "a hold" on Kennedys replacement?

Why doesn`t a senate hold apply to SCOTUS judges? SURELY, there are 40 Dem senators willing to vote to uphold an hold?

https://en.wikipedia.org/wiki/Senate_hold

Can someone explain why we are unlikely to use this very simple procedure to block the SOCTUS nomination? The one plausible explanation I can see of why leadership doesn`t want is this because they think it will get all of the hillbillies to crawl out of their holes to vote in November, where otherwise they seem likely to stay at home.

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Cant a bonafide Liberal senator just place "a hold" on Kennedys replacement? (Original Post) NewsCenter28 Jun 2018 OP
There is no longer a filibuster on SCOTUS picks. It was how Gorsuch was confirmed. LonePirate Jun 2018 #1
A hold is different from a filibuster NewsCenter28 Jun 2018 #2
Right. I posted this in another thread - BumRushDaShow Jun 2018 #3
But does Mcconnell need to invoke 60-vote cloture to end a hold? NewsCenter28 Jun 2018 #4
Someone pointed out to me earlier is that republicans changed the 60 vote rule. Blue_true Jun 2018 #5
That doesn't impact the "hold" though. BumRushDaShow Jun 2018 #7
No - "cloture" is not involved with a "hold" BumRushDaShow Jun 2018 #6

BumRushDaShow

(130,122 posts)
3. Right. I posted this in another thread -
Wed Jun 27, 2018, 06:19 PM
Jun 2018
https://politicaldictionary.com/words/senate-hold/
https://fas.org/sgp/crs/misc/R43563.pdf

Although nowadays, Turtle can pretty much ignore a hold.

Durbin has come out insisting on a delay -



TEXT

CNN

@CNN

Democratic Sen. Dick Durbin has called on the Senate to wait to consider Trump's nominee to replace Justice Kennedy until the new Congress is seated in January. He cited precedent set by GOP Sen. Mitch McConnell's refusal to hold a vote on Merrick Garland. https://cnn.it/2tyKfpv
3:21 PM - Jun 27, 2018


https://www.democraticunderground.com/?com=view_post&forum=1002&pid=10798292

NewsCenter28

(1,835 posts)
4. But does Mcconnell need to invoke 60-vote cloture to end a hold?
Wed Jun 27, 2018, 06:40 PM
Jun 2018

That's the question. That article, which was incredibly helpful by the way, that you posted, doesn't say but I tend to infer from it that he may only need 50+ Pence?

Blue_true

(31,261 posts)
5. Someone pointed out to me earlier is that republicans changed the 60 vote rule.
Wed Jun 27, 2018, 06:53 PM
Jun 2018

Now all Turtle need is a majority, 50+1.

BumRushDaShow

(130,122 posts)
6. No - "cloture" is not involved with a "hold"
Wed Jun 27, 2018, 06:53 PM
Jun 2018

It's more of a Senate "courtesy" rule to allow some amount of time to pass so that a Senator "can get more information" about a particular subject or nominee (or so that was the original intent).

But what has happened is that the rules allow for the Majority Leader to decide whether to "accept it" or not and in the past, in order to show "courtesy" and "bipartisanship", the "hold" was permitted to go forward as there was a definite potential threat of a filibuster, so there was some leverage from the side doing the "hold" (usually the minority party but not always).

However now that nominees can be approved by simple majority, the "hold" doesn't have as much power as it used to. Although note that Elizabeth Warren currently has a "hold" on the next CFPB nominee and apparently Turtle has allowed the "hold" to go forward.

You have this issue - and I have posted this before - This system of government is operating under an "honor system". The GOP has now started breaking that down and if Turtle starts ignoring or waving away a "hold" as the Majority Leader, then when the tables turned, he might be screwed. This is why they tried to allow the rules to play out, but things are so fragile nowadays, and with this SCOTUS thing being the gold ring on their merry-go-round, they may be willing to destroy the Senate to get what they want... although a few GOP Senators might disagree with changing a rule and thus there would not be enough votes to change such.

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