ConfirmThem

By AndrewHyman Posted in Senate Rules — Comments () / Email this page » / Leave a comment »

OK folks, try this on for size. People have been talking all about US Senate Rule 22, but what about US Senate Rule 31?

Check it out. Right there in black and white, we have this requirement:

"[T]he final question on every nomination shall be, 'Will the Senate advise and consent to the nomination?'"

That means --- or very plausibly means --- that the question of whether cloture shall be invoked cannot be the "final question" voted on by the full Senate.

Thus, the Senate would now be justified in not changing the Senate rules one whit, but instead simply interpreting those rules so that the cloture question is not allowed to replace the Rule 31 "final question" with respect to a nomination. I would suggest that, shortly before a nomination lapses at the end of a session, a vote on the merits is finally in order. This would prevent a cloture question from having been the final question.

According to this interpretation, a vote on the merits would not be required, but it would at least become possible. Filibustering nominations would not be prohibited, but it would at least not last all the way up until the last minute of a session of Congress.

This interpretation relies upon the language of Rule 31, and so would not apply to legislation, apparently. Also, this solution would avoid the uncomfortable precedent of a simple majority changing the text of the rules at will.