ConfirmThem

By AndrewHyman Comments () / Email this page » / Leave a comment »

Senate Majority Leader Frist has issued a "Statement On Judicial Nominations":

Republicans believe in the regular order of fair up and down votes and letting the Senate decide yes or no on judicial confirmations free from procedural gimmicks like the filibuster, and I hope Senator Reid and others knows our door is always open to reasonable proposals for fair up or down votes for judicial nominees.

The Hill reports that several strategies are still under consideration for securing up-or-down votes:

Even as leaders approached the brink, senators have pushed a number of last-minute efforts to find a way to stop the filibuster short of that action. “I think it’s all still being discussed," said McConnell.

As described by one Senate GOP aide Friday, one option includes changing the Senate’s standing orders, which have virtually the same effect of rules. Another possibility would be to work out an agreement by unanimous consent, or even to pass a law. Leaders could also simply reach a “formal understanding."

Or the Senate simply could invoke cloture to cut off debate on nominations. But by far the most likely option remains the so-called “nuclear option," which could throw the Senate into an uproar, Democrats have warned at times.

My personal favorite approach is as follows. The Senate GOP ought to recognize that Senate Rule 19 only prevents filibusterers from being interrupted by other Senators, and does not prevent filibusterers from being interrupted by the President of the Senate. So, a simple majority could authorize the President of the Senate to interrupt. This would not change any of the Standing Rules of the Senate, nor would it create any new exception to the Standing Rules. Thus, there would not even be the slightest hint of "breaking the rules to change the rules." Nor would any decision be required about whether or not the Senate is a "continuing body."

Then, the GOP could promise to use the same tactic for overcoming legislative filibusters, UNLESS the minority agrees to support a new standing rule that protects the legislative filibuster from this tactic.