ConfirmThem

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

Previously, I posted regarding the idea that, according to Senate Rule 31, a nomination filibuster must end in time for an ultimate vote on the merits, i.e. must end before the nomination expires. I'm not disputing that nominations can be filibustered, and am not disputing that Rule 31 allows a nomination to lapse without any vote at all.

The idea that a nomination filibuster need not end until close to the nomination's expiration would require some patience, but remember that a recess appointment could be made in the mean time. Also, if the Dems know that they will ultimately have to surrender at the end of the session, then they might not filibuster in the first place.

Moreover, patience would only be required for less than a year. According to Riddick's Senate Procedure (p. 946), the rule about nominations lapsing at the end of each one-year session is often "suspended or waived by unanimous consent agreement" so that nominations do not lapse until the end of the entire two-year congress. In other words, the GOP can simply refuse to grant unanimous consent, and thus force a vote on the merits by the end of the first session (or even by an earlier date if the Senate takes a recess of 30+ days during its first session). On the other hand, if the GOP would prefer a nomination to lapse (not likely), then the way to do that would be to avoid any cloture vote and any vote on the merits (so that there is no final vote).