As you likely know by now, it appears as though Justice Breyer will retire, although we’re not 100 percent sure, since he’s said nothing, only NBC is reporting it.
Well, a Breyer source actually did say something – they said Justice Breyer had no intention of announcing a retirement today and was “upset” and how this all went down.
But let’s assume Dems will strong-arm the poor old guy into retirement, how can we stop this?
How can we fend off the commie nut job who Joe Biden’s Handlers will put up for nomination?
Well, we have a “secret weapon” and his name is Mitch McConnell.
And Mitch and the Republicans have an “ace” up their sleeve that they can use to sink Biden’s ship.
TIME Magazine reported that there’s one major problem facing Biden’s prospects, though: he might not be able to win confirmation for the expected pick. So much of influence in Washington isn’t in the press conferences or performative turns on cable news. The real power comes from mastering the process by which it is transferred, accumulated and defended. And, when it comes to managing a generational shift of power in America’s judicial system, no one has proven more adept than Senate Minority Leader Mitch McConnell.
The nuclear option can go into motion only if the Judiciary Committee reports the nomination to the floor, a procedural move that says whether a majority on the committee recommends the full Senate consider the pick. Well, in a little-noticed backroom deal that took more than a month to hammer out, McConnell and Senate Majority Leader Chuck Schumer agreed to a power-sharing plan in February that splits committee membership, staffs and budgets in half.
Why does this matter? If all 11 Republican members of the Judiciary Committee oppose Biden’s pick and all 11 Democrats back her, the nomination goes inert. The nomination doesn’t die, but it does get parked until a lawmaker—historically, the Leader of the party—brings it to the floor for four hours of debate.
A majority of the Senate—51 votes, typically—can then put debate about the issue on the calendar for the next day. But that’s the last easy part. When the potential pick comes to the floor again, it’s not as a nomination. At that point, it’s a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.
Given this is an election year and Republicans have historically shown they’re not willing to give Democrats any wins on the Supreme Court in such a politically charged environment, there’s a good chance that Biden’s nominee spends her summer waiting for invites that never come from GOP lawmakers asking her in for typically cordial and informal coffees.
Sure, the Democrats could try to change the power-sharing agreement, but as the debate on voting rights showed us in recent weeks, one hold-out voice among Democrats in favor of the filibuster can tank the plan with little consequence. Which means all of the odds-making about who might get the call from White House Counsel in the coming days, who might get tapped to sherpa the nomination through the Senate or even what this means for the next term are all likely for naught. Republicans, should they want to, can sink this nominee.
Now, I am not a fan of Mitch, and I don’t think he should be “leading” us in any capacity moving forward, but I will admit that he does a good job when it comes to judges, so I look forward to watching him work his magic.
And he better work that magic…
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January 27, 2022 3:50 am