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DetlefK

(16,423 posts)
Thu Jun 28, 2018, 09:05 AM Jun 2018

How Senate Democrats can prevent Trump's SCOTUS pick: Deny a quorum.

https://www.dailykos.com/stories/2018/6/28/1776228/-Dems-CAN-prevent-a-Trump-Supreme-pick-Deny-them-a-quorum

Here’s how: For the senate to take a vote, there must be 51 senators present. Right now, there are 51 Republicans and 49 Democrats. Sen. McCain is not expected to be present due to his illness. that leaves 50 Republican Senators to enter the Senate chambers.

If every single Democratic Senator refuses to enter the Senate chambers for a roll call and vote, the Republicans do not have a quorum, and can’t vote on a Trump nominee. Pence could only break a tie if there is a vote in the first place.




Yes, it's a dirty trick.

So what.
49 replies = new reply since forum marked as read
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How Senate Democrats can prevent Trump's SCOTUS pick: Deny a quorum. (Original Post) DetlefK Jun 2018 OP
That's what I've been hoping for... k8conant Jun 2018 #1
Are you sure about this? redwitch Jun 2018 #2
Nope. Can't work FBaggins Jun 2018 #3
I don't think McCain can be dragged to the floor. nt NCTraveler Jun 2018 #7
why would that matter? FBaggins Jun 2018 #13
Go to Canada zipplewrath Jun 2018 #24
And run for reelection from Canada? FBaggins Jun 2018 #25
The optics of a dem senator Clarity2 Jun 2018 #27
It absolutely would if that's what stood between them and the nominee FBaggins Jun 2018 #34
See my reply #35 below. Tried in texas in 2003 (and smaller attempts later). nt Ilsa Jun 2018 #37
It has been tried in multiple states FBaggins Jun 2018 #39
Not sure manor321 Jun 2018 #4
And why wouldn't we stay off the floor for everything? lagomorph777 Jun 2018 #6
It isn't nearly that simple FBaggins Jun 2018 #14
It would be something they'd pull out intermittently, just often enough to gum things up. lagomorph777 Jun 2018 #15
"... pulling thug tactics and looking terrible." mahatmakanejeeves Jun 2018 #19
Their hardcore followers are a lost cause. We only need to get a few at the edge to stay home. lagomorph777 Jun 2018 #21
Personally, I think they all went over the edge long, long ago. Good morning. NT mahatmakanejeeves Jun 2018 #22
You don't think there's anybody in the middle anymore? If that were so we'd win automatically. lagomorph777 Jun 2018 #23
I actually believe there is not anybody in the middle any more..... vi5 Jun 2018 #38
I think you make a lot of sense. lagomorph777 Jun 2018 #40
My father-in-law.... vi5 Jun 2018 #41
What effect is that supposed to have? FBaggins Jun 2018 #29
Not saying stalling is enough to block confirmation, by itself. lagomorph777 Jun 2018 #33
Couldn't Repubs change the quorum rules via unanimous consent (with no Dems there to oppose)? LonePirate Jun 2018 #5
No DetroitLegalBeagle Jun 2018 #8
Seems like it could be one of several pieces in the plan. lagomorph777 Jun 2018 #9
Sex scandals are only damaging to Democrats lapislzi Jun 2018 #18
I think abortion scandals still work against RePutins. lagomorph777 Jun 2018 #20
I don't call that a dirty trick. Baitball Blogger Jun 2018 #10
Guys, we don't need to worry about it. They don't have 60 votes!!! vi5 Jun 2018 #11
Filibuster MichMary Jun 2018 #28
They would have done it anyway.... vi5 Jun 2018 #30
You're probably right MichMary Jun 2018 #32
Correction.... vi5 Jun 2018 #36
Except we weren't big on traditionand precedent when Reid killed the filibuster onenote Jun 2018 #47
Anyone who believes for a second that they wouldn't have used it anyway.... vi5 Jun 2018 #49
Unfortunately there are Dem senators up for election who will show. Sneederbunk Jun 2018 #12
"Yes, it's a dirty trick. So what." BumRushDaShow Jun 2018 #16
Correct... but it's worse than that FBaggins Jun 2018 #31
That's what I was pretty much saying BumRushDaShow Jun 2018 #42
No way Democrats like Manchin would agree to that oberliner Jun 2018 #17
I agree. Manchin voted to confirm Gorsuch. Jim Lane Jun 2018 #44
Sadly, I could see him breaking with the Democrats and voting to confirm whoever Trump puts up oberliner Jun 2018 #45
Too true. Manchin proves that having a "D" after one's name isn't always important. (n/t) Jim Lane Jun 2018 #46
The impact on midterm elections would not be worth it Amishman Jun 2018 #26
The Ds tried it in texas in the Lege years ago. (2003) Ilsa Jun 2018 #35
Oh, those frisky Democrats! Bayard Jun 2018 #43
To reiterate what others have pointed out: this idea doesn't work onenote Jun 2018 #48

FBaggins

(26,793 posts)
3. Nope. Can't work
Thu Jun 28, 2018, 09:12 AM
Jun 2018

The Capitol police will arrest a Senator and literally drag him onto the floor (See Bob Packwood in the 80s).

And who suggests the absence of a quorum? One of the Republicans? Or a Democrat who then races out of the room?

How do endangered Senators run in red states (for months) with the police after them?

The only good news in this post is that some have entered the bargaining phase.

FBaggins

(26,793 posts)
13. why would that matter?
Thu Jun 28, 2018, 09:30 AM
Jun 2018

They just need to find a single Democrat... and they have the force of law behind them. Attendance is not optional. The Capitol Police will literally drag a Senator into the floor. It has happened:

zipplewrath

(16,646 posts)
24. Go to Canada
Thu Jun 28, 2018, 09:56 AM
Jun 2018

The real reason it won't work is because there has to be someone on the floor to do a quorum call. That'd take a democrat. If he's there for the call, they're at 51. Now, if you could get Flake or someone to cooperate...

FBaggins

(26,793 posts)
25. And run for reelection from Canada?
Thu Jun 28, 2018, 10:14 AM
Jun 2018

Doesn't sound like many Democrats would win in red states in that scenario.

And then when they're ready... McCain shows up to be the hero... or he retires and gets replaced and they suddenly have a quorum.

Then... with a quorum and no Democrats around, they ask for unanimous consent to push forward everything we've been blocking by failing to give it up until now.

IOW - there's no way this works.

Clarity2

(1,009 posts)
27. The optics of a dem senator
Thu Jun 28, 2018, 10:25 AM
Jun 2018

being dragged to the floor wouldnt go over well in this climate. I dont think that would happen.

FBaggins

(26,793 posts)
34. It absolutely would if that's what stood between them and the nominee
Thu Jun 28, 2018, 10:41 AM
Jun 2018

But as I said above and below - that's hardly the only thing keeping this from happening. The Senate presumes a quorum unless a Senator suggests the absence of one. Since no Republican would do so, that means one Democratic Senator has to stay on the floor... at which time the absence of McCain no longer busts the quorum.

Then there's the fact that McCain COULD show up... or he could quietly retire and be replaced with someone who would show up.

Then there's the even more painful fact that if a Democrat does NOT stay on the floor, any quorum can not only call for a vote... they can call for unanimous consent on a PILE of things that we've been slowing down by failing to grant it.

FBaggins

(26,793 posts)
39. It has been tried in multiple states
Thu Jun 28, 2018, 10:52 AM
Jun 2018

It's much harder in the US Senate and couldn't work over four months (and would very likely make things worse).

 

manor321

(3,344 posts)
4. Not sure
Thu Jun 28, 2018, 09:12 AM
Jun 2018

First, I'm not sure if this is true. Even if so, Dems would have to stay off the floor for everything.

I do not expect this to be tried.

lagomorph777

(30,613 posts)
6. And why wouldn't we stay off the floor for everything?
Thu Jun 28, 2018, 09:17 AM
Jun 2018

There is no bill from the GOP that should EVER get a vote; every bill from those monsters is EVIL.

lagomorph777

(30,613 posts)
15. It would be something they'd pull out intermittently, just often enough to gum things up.
Thu Jun 28, 2018, 09:35 AM
Jun 2018

And each time, there would be the spectacle of the GOP desperately pulling thug tactics and looking terrible.

It would be one of several strategies, each randomly deployed.

mahatmakanejeeves

(57,764 posts)
19. "... pulling thug tactics and looking terrible."
Thu Jun 28, 2018, 09:40 AM
Jun 2018

Not to their followers.

I hear Guantanamo Bay is lovely this time of year. And I know it's hard to get people out of GB and into the lower 48.

lagomorph777

(30,613 posts)
23. You don't think there's anybody in the middle anymore? If that were so we'd win automatically.
Thu Jun 28, 2018, 09:47 AM
Jun 2018

There will always be a few people on the fence. Maybe they would never vote for decency or for their own families and security. But some of them can be disgusted by some of the same things that disgust us, and just decide it's easier to stay home on Election Day.

 

vi5

(13,305 posts)
38. I actually believe there is not anybody in the middle any more.....
Thu Jun 28, 2018, 10:50 AM
Jun 2018

I believe there are people who just aren't paying attention and need to be informed and convinced, but I think most of those people if informed would vote for Democrats.

Every "independent" I know, and the ones that the media and Democrats seem obsessed with reaching is nothing more than a Republican who just doesn't want to admit it or who wants to think they are somehow above it all. They may not like everything that the Republican party does and they occasionally won't vote for a Republican, but nothing anyone does could convince those folks to vote for a Democrat. I can just in my immediate family think of 3 or 4 people like that and more if I start going outward from my immediate circle of contact and familiarity.

I think there are way more non-voters and independents on the left of center spectrum that can be reached than there are non-voters in and independents in the middle. Just my anecdotal impression but the few studies I've seen on the subject indicate that I may be more right than wrong about that.

lagomorph777

(30,613 posts)
40. I think you make a lot of sense.
Thu Jun 28, 2018, 10:55 AM
Jun 2018

My take from what you say, is that there is a reason to show evil as evil. Those in the "uninformed/lazy Democrats" camp, and those in the "ashamed to admit being a Rethug" camp could both be persuadable in some sense. The latter might be influenced to just stay home, the former might be influenced to not just stay home.

 

vi5

(13,305 posts)
41. My father-in-law....
Thu Jun 28, 2018, 11:02 AM
Jun 2018

...has for the 22 years I've known him prided himself on being an "independent" and the type of guy that the media loves to fawn over in diners and that Democrats are convinced they can reach if they just compromise enough. He has never, ever voted for a Democrat. He loathes Trump. Despises him. Yet he's still convinced that Trumpism is not representative of the whole party. Nothing anyone could ever in a million years do would get him to vote for a Democrat because he thinks they are weak and feckless and would raise his taxes, and whatever other talking point is out there. He stayed home in 2016. Trump has already driven away those folks, but they are still not ripe for the Democratic picking.

My cousin is a low information type who doesn't really follow politics. He's a union guy who believes in a lot of progressive and liberal policies but is not obsessed with any of them. He stays home because he doesn't think the Democratic party is truly fighting for him. He thinks they cave at the first sign of trouble. He thinks that the best that voting for a Democrat gets him is "things don't get worse" which to someone like you or I is enough. We are informed, we know what is at stake. He could be convinced to get out and vote and has for candidates that actually inspire him (like Obama did in '08). But he just doesn't think that they are going to fight for him and he definitely does not think that they are going to fight to win.

Yes, again these are both just personal anecdotes but I also know a lot of other people who fit 1 of these 2 archetypes. I just hate to see us wasting our time on my father-in-law and not doing enough to convince my cousin.

FBaggins

(26,793 posts)
29. What effect is that supposed to have?
Thu Jun 28, 2018, 10:34 AM
Jun 2018

McCain isn't on the judiciary committee. They can hold their hearings without a single Democrat (and without a Democrat... who will ask the nominee any tough questions that might incite public ire?). Whether that takes them two weeks or two months... how does an "intermittent" quorum-busting strategy keep a vote from occurring?

lagomorph777

(30,613 posts)
33. Not saying stalling is enough to block confirmation, by itself.
Thu Jun 28, 2018, 10:40 AM
Jun 2018

But stalling for Mueller Time, and dragging it closer to November, can potentially be useful.

lagomorph777

(30,613 posts)
9. Seems like it could be one of several pieces in the plan.
Thu Jun 28, 2018, 09:20 AM
Jun 2018

Like the GOP, we have to keep bouncing around, different game every day, keep them confused and one step behind.

And play dirty. The dirtier the better. Start oppo research in earnest and put out damaging sex scandal stories on McTurtle and all the thugs. Trust me, they all have skeletons - they are criminals. Keep them too busy defending themselves to get anything done. We could help by recruiting/funding Avenatti and like-minded people.

lapislzi

(5,762 posts)
18. Sex scandals are only damaging to Democrats
Thu Jun 28, 2018, 09:40 AM
Jun 2018

Then you are expected to resign in shame, amidst a fusillade of finger-wagging from your own party.

If you are a republican, they will dismiss or ignore the allegations (in the face of video evidence), smear the other party/victim, re-elect you, cheer you on, and give you a cabinet post.

It's how things work.

lagomorph777

(30,613 posts)
20. I think abortion scandals still work against RePutins.
Thu Jun 28, 2018, 09:42 AM
Jun 2018

And if we do some analysis, we could probably find some things that would annoy even RePutin voters. Maybe things that we would consider virtues, given that RePutins seem to live in a universe of total morality inversion and perversion.

Baitball Blogger

(46,783 posts)
10. I don't call that a dirty trick.
Thu Jun 28, 2018, 09:22 AM
Jun 2018

That's a smart procedural tactic. McConnell's Merritt Garland rule is being applied here.

 

vi5

(13,305 posts)
11. Guys, we don't need to worry about it. They don't have 60 votes!!!
Thu Jun 28, 2018, 09:23 AM
Jun 2018

That's what's needed to do anything, remember? Right? That's what we were told time and time again.

And they can't dare use the nuclear option because that will come back and bit them in the ass when they lose control. Right? That's what we were told time and time again.

That's why we couldn't do anything when we had the majority so now that they are in the same position they HAVE to play by the rules, right? And if they don't, surely the media will call them out on this. Surely if we just shame them with mildly stern (but polite!) tweets pointing out their hypocrisy they will be completely embarrassed and HAVE to do the right thing. Right?

Guys? Right?

I shouldn't even need this, but just in case:

MichMary

(1,714 posts)
28. Filibuster
Thu Jun 28, 2018, 10:33 AM
Jun 2018

for SC nominees is gone, which is how we ended up with Gorsuch. I foresaw this when everyone was cheering on Harry Reid for going nuclear on nominations. Knew that we wouldn't always have the majority, and that it would come back to bite us in the ass big time.

 

vi5

(13,305 posts)
30. They would have done it anyway....
Thu Jun 28, 2018, 10:35 AM
Jun 2018

...They didn't do what they did with Gorsuch because Harry Reid did anything. They did it because they are evil, treasonous assholes.

MichMary

(1,714 posts)
32. You're probably right
Thu Jun 28, 2018, 10:39 AM
Jun 2018

but the Senate is big on "tradition" and "precedent." McConnell was able to justify it on the grounds that Reid broke tradition and set a precedent.

 

vi5

(13,305 posts)
36. Correction....
Thu Jun 28, 2018, 10:45 AM
Jun 2018

The Democrats in the Senate are big on "tradition" and "precedent". The Republicans absolutely do not give a flying fuck about anything but themselves and their constituents. They showed that loud and clear when they used those very same "traditions" to block the will of the people who gave Democrats the White House and a majority in the Senate and House.

onenote

(42,858 posts)
47. Except we weren't big on traditionand precedent when Reid killed the filibuster
Thu Jun 28, 2018, 05:09 PM
Jun 2018

for non-SCOTUS judges and other presidential appointees. Would McConnell have done it even if Reid hadn't? Probably. But the public probably doesn't draw the distinction.

 

vi5

(13,305 posts)
49. Anyone who believes for a second that they wouldn't have used it anyway....
Thu Jun 28, 2018, 05:20 PM
Jun 2018

...is completely delusional. And the public has no idea that Reid did that since most don't even know anything about the Supreme Court let alone the appointments of appeals court judges and ambassadors and whatever else.

And if we're being entirely accurate the completely unprecedented obstruction of any and all Senate business without 60 votes was the first shot in the battle of breaking traditions.

BumRushDaShow

(130,082 posts)
16. "Yes, it's a dirty trick. So what."
Thu Jun 28, 2018, 09:36 AM
Jun 2018

It's not as simple as that unfortunately.

Voting and Quorum Procedures in the Senate
Elizabeth Rybicki, Coordinator
Specialist on Congress and the Legislative Process
August 19, 2013

Summary
The Constitution states that “a Majority of each [House] shall constitute a quorum to do business.... ” The Senate presumes that it is complying with this requirement and that a quorum always is present unless and until the absence of a quorum is suggested or demonstrated. This presumption allows the Senate to conduct its business on the floor with fewer than 51 Senators present until a Senator “suggests the absence of a quorum.”

Except when the Senate has invoked cloture, the presiding officer may not count to determine if a quorum is present. When the absence of a quorum is suggested, therefore, the presiding officer directs the clerk to call the roll. The Senate cannot resume its business until a majority of Senators respond to the quorum call or unless, by unanimous consent, “further proceedings under the
quorum call are dispensed with” before the last Senator’s name has been called. If a quorum fails to respond, the Senate may adjourn or take steps necessary to secure the attendance of enough Senators to constitute a quorum. It usually takes the latter course by agreeing to a motion that instructs the sergeant at arms to request the attendance of absent Senators.

More often than not, however, quorum calls are unrelated to attendance on the floor. Senators “suggest the absence of a quorum” to suspend the Senate’s formal floor proceedings temporarily. There are many purposes for such quorum calls. For example, they can be used to permit informal discussions that are intended to resolve a policy disagreement or procedural problem, or to allow a Senator to reach the floor in order to make a speech or begin consideration of a bill. When a quorum call is provoked for such a purpose, it usually is ended by unanimous consent before the call of the roll has been completed.

<...>

https://www.senate.gov/CRSpubs/577d2a5e-2b47-4045-95fa-a76398e41461.pdf (PDF)


Anyone who is a CSPAN junky (in this case, CSPAN2 for the Senate) will often see a camera view of a chamber empty except for the clerks, President pro-tempore, etc., with classical music playing in the background. The video may be briefly interrupted by a Senator who arrives, after which an exchange follows that goes - "For what purpose does the gentleman/gentlelady rise?" with a response "Mr. President, I suggest the absence of a quorum". And then they can decide to do a roll call (although usually they will do one anyway), and start calling off the names of all 100 Senators. BUT then someone can interrupt that and call for a motion of "unanimous consent" (of those present) that the "roll call be dispensed with", where the quorum be assumed. And assuming that motion is seconded, then that is the end of that, and they can start business with whoever is there. To halt that, a Democrat would need to be there to "object" to the unanimous consent motion.

But in any case, if no Democrats are there, a GOP Senator can put in a motion to simply call for a voice vote of "yays and nays" (versus a roll call vote) to confirm a nominee, and then the Pro-Tem can proclaim that "the yays have it" (because of course all the Republicans would be sitting in there and no Democrats). End of story.

So using this tactic will require some significant finagling to pull off because simply not having a "quorum" is somewhat meaningless - especially in this era where the GOP has torn the Congress apart.

FBaggins

(26,793 posts)
31. Correct... but it's worse than that
Thu Jun 28, 2018, 10:36 AM
Jun 2018

If there isn't a single Democrat on the floor... who objects to OTHER requests for unanimous consent?

You know... the one thing that has been slowing down the rest of Trump's nominees?

BumRushDaShow

(130,082 posts)
42. That's what I was pretty much saying
Thu Jun 28, 2018, 12:18 PM
Jun 2018

Someone has to be there to do this...

However I remember watching GOP Senators - notably former GOP Senator Tom Coburn, who was the "king" of the "holds". The Senate, under both parties, had difficulty getting around him and I would watch as he pounced when a motion for bill passage or nominations, by unanimous consent, for seemingly innocuous things or very critical things, or for minor nominations, were torpedoed by his "holds" until a compromise addressing his concerns were included (there are many examples).

I personally watched his antics when the Senate was finalizing payments for Pigford II (Black Farmers compensation due to discrimination by USDA for loans) after the courts demanded the payments, the USDA approved them, and the appropriations legislation had been drafted... and he kept it from being passed by unanimous consent by demanding they tack on a Native American issue (he was Senator from Oklahoma) and make some other adjustments.

 

Jim Lane

(11,175 posts)
44. I agree. Manchin voted to confirm Gorsuch.
Thu Jun 28, 2018, 02:31 PM
Jun 2018

Even getting him to vote against confirming the next right-wing nominee will be a heavy lift. Getting him to go along with this plan to thwart a vote entirely would be impossible. And if he went along with it, the Senate has some other Democrats who wouldn't.

Amishman

(5,559 posts)
26. The impact on midterm elections would not be worth it
Thu Jun 28, 2018, 10:23 AM
Jun 2018

Having Manchin and other red state Democrat senators run away would give their election opponents a huge advantage and talking point. Would cost us any chance of taking the senate this fall

Ilsa

(61,720 posts)
35. The Ds tried it in texas in the Lege years ago. (2003)
Thu Jun 28, 2018, 10:43 AM
Jun 2018

Legislators were hiding out in NM, OK, wherever they coulf flee to stop a quorum. They were threatened with arrest. They were trying to prevent a vote on redistricting which favored Rs.

Bayard

(22,243 posts)
43. Oh, those frisky Democrats!
Thu Jun 28, 2018, 12:23 PM
Jun 2018

Not.

Time to get low down and dirty. Stop taking the high road when it obviously doesn't work, and there's too much at stake.

Let's form a strategic plan and go to war.

onenote

(42,858 posts)
48. To reiterate what others have pointed out: this idea doesn't work
Thu Jun 28, 2018, 05:19 PM
Jun 2018

First, under the Senate rules, a quorum is presumed to present at all times. To challenge that presumption, someone has to ask the Presiding Officer for a "quorum call." If every Democrat is absent from the chamber, there is no one to demand a quorum call and business proceeds as is a quorum exists. If a Democrat shows up to demand a quorum call, that Democrat's presence means there is a quorum.

Second, while one could argue that if a vote is taken and only 50 votes are cast that it is evidence that a quorum wasn't present. But without a Democrat present, who is going to raise that objection? Could an action taken by 50 members of the Senate later be challenged in court? Possibly, but the outcome would be uncertain (and there would be a threshold issue of who has standing). In any event, there would be no need to get to this point because the Republicans would call for a voice vote and would announce that the nomination had been approved by acclamation; the presumption that there was a quorum, having gone unchallenged and not demonstrably untrue based on a roll call, would govern. (FYI, in the past it was not uncommon for a SCOTUS nominee to be approved "by acclamation."

Finally, in the alternative, if there was concern about the absence of a quorum, the Presiding Officer could direct the Senate Sgt at Arms to round up one or more missing Senators. There is precedence for this: Robert Byrd had the Capitol Hill police compel attendance by Sen. Bob Packwood -- for show, Packwood made the Capitol Police literally carry him into the Senate chamber. It's ugly and stupid and no one looks good, but the fact that the Democrats did it in the not so distant past means that the repubs would feel (and probably be) safe in doing it. And a Joe Manchin or Heidi Heitkamp would probably solve the problem by just showing up -- failure to do so would almost certainly spell their defeat in November and their defeat in November might end up being disastrous if it turns out to be the difference between the Democrats retaking control of the Senate or leaving it in repub (and McConnell's hands).

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