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Wed Jun 27, 2018, 09:17 PM

 

Viable options for fighting the Trump* SC nominee

It's way too soon to roll-over, scream "We're Fuuuuucked," or other defeatist nonsense. Here are two viable options Senate Democrats can take, maybe to derail the nomination, but certainly to fight as hard as they can.

#1: MESSAGING

Via Christian Finnegan on Twitter (@ChristFinnegan):

Dem senators, repeat after me:

“The President of the United States is under investigation for collusion with a foreign adversary and obstruction of justice. There can be no SCOTUS replacement until he’s been cleared.”


#2: Democratic Senators Refuse to Answer Roll Call Votes

https://www.vox.com/mischiefs-of-faction/2018/6/20/17480304/how-democrats-can-shut-down-senate

How Democrats can shut down the Senate
If Democrats refuse to participate in roll call votes, the Senate will come to a halt for lack of a quorum.


What other potentially effective ideas for resistance do DU'ers have?

-app

27 replies, 2005 views

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Replies to this discussion thread
Arrow 27 replies Author Time Post
Reply Viable options for fighting the Trump* SC nominee (Original post)
appal_jack Jun 2018 OP
fallout87 Jun 2018 #1
appal_jack Jun 2018 #2
fallout87 Jun 2018 #4
Demsrule86 Jun 2018 #6
appal_jack Jun 2018 #3
Demsrule86 Jun 2018 #5
appal_jack Jun 2018 #10
Demsrule86 Jun 2018 #22
OhioBlue Jun 2018 #7
appal_jack Jun 2018 #8
OhioBlue Jun 2018 #14
DetroitLegalBeagle Jun 2018 #9
Demsrule86 Jun 2018 #23
bottomofthehill Jun 2018 #11
OhioBlue Jun 2018 #12
bottomofthehill Jun 2018 #13
OhioBlue Jun 2018 #15
bottomofthehill Jun 2018 #17
appal_jack Jun 2018 #18
Demsrule86 Jun 2018 #25
onenote Jun 2018 #16
Takket Jun 2018 #19
onenote Jun 2018 #20
appal_jack Jun 2018 #24
Recursion Jun 2018 #26
DetroitLegalBeagle Jun 2018 #27
in2herbs Jun 2018 #21

Response to appal_jack (Original post)

Wed Jun 27, 2018, 09:21 PM

1. #1 won't make any measurable difference

 

#2 won't work either because Mitch sets the agenda/procedure for votes.

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Response to fallout87 (Reply #1)

Wed Jun 27, 2018, 09:23 PM

2. It should still be said on every talk show & interview, starting NOW. nt

 

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Response to appal_jack (Reply #2)

Wed Jun 27, 2018, 10:13 PM

4. Agreed!

 

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Response to appal_jack (Reply #2)

Wed Jun 27, 2018, 10:15 PM

6. Why? so some can complain about how if only Democrats would try harder, all would be well...doesn't

work that way.

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Response to appal_jack (Original post)

Wed Jun 27, 2018, 10:06 PM

3. kick-etty kick kick, nt

 

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Response to appal_jack (Original post)

Wed Jun 27, 2018, 10:15 PM

5. It wont work. We gave up the court in 16 when we elected Donald Trump...not sure what people thought

would happen.

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Response to Demsrule86 (Reply #5)

Wed Jun 27, 2018, 10:48 PM

10. I think that everyone here knew election '16 would have terrible consequences.

 

I'd further back-date matters to losing the Senate in 2014, actually. And the writing was on the wall even before then.

Still does not make giving up now a good idea in the least.

-app

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Response to appal_jack (Reply #10)

Thu Jun 28, 2018, 08:52 AM

22. There is a difference in giving up and being realistic about what is possible...we work on the

possible..which at the moment is getting babies out of jail, and winning at least the house in 18 ...maybe the Senate...a groundswell of committed Democrats working to flip Republicans seats would be fighting back. Screaming about Democratic leaders not 'fighting' when we have given them no way to do so is merely self -defeating and lessons our chance at the ballot box in 18.

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Response to appal_jack (Original post)

Wed Jun 27, 2018, 10:21 PM

7. Lobby the Republican senators for support

The female D senators need to reach out to female R senators - have round table discussions. Also, reach out to any moderate or retiring senators, convince them that their legacy is on the line, convince them to be a profile in courage.

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Response to OhioBlue (Reply #7)

Wed Jun 27, 2018, 10:38 PM

8. Definitely worth a try!

 

Susan Collins, etc. on the female-R side disappoint fairly consistently, but maybe even they have a limit of decency somewhere.

And like you said, retiring Senators, both male and female, especially those with daughters or granddaughters of reproductive age. It's time for courage and honesty.

Democratic Senators need to grab every lever that's out there.

Thanks, OhioBlue. I spent the better part of five years in the little blue corner of Yellow Springs...

-app

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Response to appal_jack (Reply #8)

Wed Jun 27, 2018, 11:15 PM

14. I agree, they do disappoint. I don't hold out a lot of hope, but some.

I am in my 40s but remember at a tea with Dem activists celebrating Seneca Falls in '08, the conversation among the older women drifted to women they had known that lost their lives from unsafe abortions. The older Senators must remember.

Yellow Springs sounds delightful. I've never been there tho. It is a few hours from me.

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Response to OhioBlue (Reply #7)

Wed Jun 27, 2018, 10:45 PM

9. Peeling off GOP Senators will depend on the nominee

If trump puts up Roy Moore type nominee, then I think you could easily see 3-4 say no. But if he nominates another qualified and respected(on their side at least) candidate like Gorsuch, then I doubt any would budge.

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Response to OhioBlue (Reply #7)

Thu Jun 28, 2018, 08:53 AM

23. The Republican Senators don't give a crap and will never support us...there is no way

to stop judges...we had a chance in 14 and 16 and blew it.

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Response to appal_jack (Original post)

Wed Jun 27, 2018, 10:56 PM

11. 51 senators make a quorum so that only works as long as Senator McCain is not showing

After that, they have their 51

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Response to bottomofthehill (Reply #11)

Wed Jun 27, 2018, 11:09 PM

12. Can you elaborate?

Are you saying that if McCain doesn't show, they don't have 51 to have a quorum? Wouldn't Pence just step in as President of Senate for 51?

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Response to OhioBlue (Reply #12)

Wed Jun 27, 2018, 11:10 PM

13. VP can only break a tie

He is not part of a quorum

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Response to bottomofthehill (Reply #13)

Wed Jun 27, 2018, 11:16 PM

15. thank you for the reply.

So... without McCain, they cannot approve a nominee without at least one Dem?

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Response to OhioBlue (Reply #12)

Wed Jun 27, 2018, 11:18 PM

17. The VP is not an elected member of the Senate

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Response to OhioBlue (Reply #12)

Wed Jun 27, 2018, 11:20 PM

18. Check the Vox link I posted above.

 

As the link elaborates, yes, the Repubs need McCain to obtain quorum. But they need ALL of them (including McCain) to obtain quorum. Than means no campaign stops for Repubs, no visits to their home states, no evening fundraising calls... if Mitchy-boy wants something, he needs ALL of them. Meanwhile, Dems can (and should) be doing all of those things with their new-found free time.

-app

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Response to appal_jack (Reply #18)

Thu Jun 28, 2018, 08:55 AM

25. McConnell has scheduled important votes to keep Democratic Senators in place...it was

talked about a week or so ago...after all he only has to worry about a few Senators this year,

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Response to bottomofthehill (Reply #11)

Wed Jun 27, 2018, 11:17 PM

16. But without a Democrat present, who will suggest the absence of a quorum?

A quorum is presumed to be present unless someone demands a quorum call. No republican will do that, so it would have to be a Democrat and that would make 51.
It's possible that if no quorum call is made and a vote is held and only 50 Senators vote, the vote would be evidence of a lack of a quorum. Even if that's the case, all it would take is 26 of the Senators present to call for the Senate Sgt at Arms to go out and compel one of the missing senators to appear. Doing so would make everyone look bad and the odds that Manchin or Heitkamp would wait around for the Sgt at Arms are zero.

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Response to onenote (Reply #16)

Wed Jun 27, 2018, 11:23 PM

19. What if the dem senator asks for quorum call

Then runs out of the building before it starts?

I am seriously grasping at straws lol

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Response to Takket (Reply #19)

Wed Jun 27, 2018, 11:26 PM

20. Any senator can ask for unanimous consent that a quorum call be rescinded

So, if the Democrat leaves, a republican asks that the quorum call be rescinded, no republican objects and its back to the presumption that a quorum is present.

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Response to onenote (Reply #20)

Thu Jun 28, 2018, 08:55 AM

24. Interesting, and seemingly a valid point.

 

So really, Repubs need only 49 Senators present, as there needs to be one Dem to object to quorum.

When posting the Vox link above, neither I nor (apparently) the author had thought about the need to call the question of quorum, which of course a group of solely Repubs would not do.

Thanks for the clarification.

-app

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Response to Takket (Reply #19)

Thu Jun 28, 2018, 09:05 AM

26. Packwood tried that 25 years ago: the Sergeant at Arms drags him back into the chamber

The President of the Senate can compel attendance

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Response to Takket (Reply #19)

Thu Jun 28, 2018, 09:35 AM

27. If a Dem is present to call for a quorum call and then flees

then the Sergeant at Arms and the Capitol police would drag them back, cuffed if necessary. The President of the Senate can compel attendance and the Sergeant at Arms and Capitol police would go out and arrest any Senator trying to avoid quorum.

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Response to appal_jack (Original post)

Thu Jun 28, 2018, 01:53 AM

21. Here's my try at "thinking outside the box" to fight Trump's SC nominees:

Congress is the only government body possessing the constitutional authority to make the law of the land. Yet, a SC decision becomes “the law of the land” even though Congress has had no role in the court’s decision-making process. In its present-day form, Roe v. Wade reads nothing like the original decision, and each subsequent decision to Roe by the SC has resulted in a new law of the land even though the power of the SC is limited solely to interpreting the constitutionality and applicability of laws passed by Congress.

I suggest that Congress create a committee empowered to review decisions of the SC to ensure that the SC has not and does do not go beyond their constitutional powers and has not infringed on Congress’ constitutional duty as the only body that can make the laws.

If the committee finds that the SC has not stayed within the scope of their constitutional powers, the committee can recommend that Congress repeal the present law and pass a new law and declare that the new law is to be the law of the land on the issue. This would nullify all prior SC decisions on the issue.

There are bumps to this idea as the passage of any such laws would still be subject to the same procedures currently required to pass laws. However, in the case of Roe v. Wade, perhaps voters may stay with Dems for the long haul if voters realize that the Dems are working to protect their rights from conservative judges on the SC.

There are other legal considerations to consider including to ensure that this process would not repeal a Roe v. Wade law passed by Congress should Dems not retain a majority in Congress.

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