Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

st17011864200074656

(190 posts)
Mon Nov 7, 2016, 04:23 PM Nov 2016

A 50-50 Senate may leave Republicans in charge.

If Hillary Clinton and Tim Kaine win tomorrow, and Democrats pick up a net four seats in the US Senate, it may well mean that Mitch McConnell staying on as majority leader.

How?

Well, Tim will have to resign his senate seat in order to become vice-president, leaving 50 Republicans, 47 Democrats and 2 Independents, basically 50-49 since King and Sanders caucus with the Democrats. That's a one vote advantage for Republicans. Now in Virginia, the governor may make an interim appointment until a special election is held. Governor McAuliffe is a Democrat and we would naturally assume that he would appoint a Democrat to Tim's now vacant seat.

But, the US Senate is the sole judge of its membership, meaning that they can refuse anyone they want, either appointed or even elected. So with Senators Cruz, McCain, and Burr publicly stating they would block any judicial nominee Hillary sends their way, it will most likely require the nuclear option in order to get them through. If McAuliffe's interim senate appointment makes it through to the senate, VP Kaine and the Democrats can change the rules and get things moving. If, however, Republicans block McAuliffe's appointment, they can at the same time prevent a Clinton judicial nomination and keep the Democrats in the minority, Kaine or not.

So if you want Charles Schumer to be majority leader in January and you want Hillary's nominees to get through the Senate, get out and vote!

20 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

BzaDem

(11,142 posts)
3. Blocking Kaine's replacement is not a realistic scenario.
Mon Nov 7, 2016, 04:28 PM
Nov 2016

The same logic could allow Republicans or Democrats to block everyone in the opposing party. That wouldn't happen. That would be on par with Democrats just taking the gavel, asking by voice vote to confirm a Supreme Court justice, and declaring the justice confirmed regardless of the membership's wishes. Sure, both are physically possible, but both won't happen.

 

BlueProgressive

(229 posts)
6. They've done plenty of "unrealistic" things already with Mitch
Mon Nov 7, 2016, 04:33 PM
Nov 2016

at the helm. Refusing to review President Obama's Supreme Court nominee,
and promising to block ANY Hillary SC nominees top the list.

So I would put nothing past them, they are capable of absolutely ANY absurdity.

BzaDem

(11,142 posts)
14. They may as well just pretend that Obama appointed a Republican and confirm them.
Mon Nov 7, 2016, 04:49 PM
Nov 2016

They aren't going to do any of this.

There is a vast difference between poorly using their uncontested power to block nominations, and taking an action that is blatantly illegal. I could imagine them using the power you discuss if there was an election that was super close (with a bitter recount battle that had malfeasance). But in this case it is black letter law that McAuliffe can appoint a Senator until 11/2017.

 

BlueProgressive

(229 posts)
20. Since when does any Republican shrink from taking an action
Tue Nov 8, 2016, 01:26 AM
Nov 2016

which is 'blatantly illegal' ??

There is no outrage, there is no illegality, which they are incapable of committing. It's a party of criminals.

yellowcanine

(35,699 posts)
9. I agree. They literally cannot do that. There are a few Republicans who would not stand for it.
Mon Nov 7, 2016, 04:36 PM
Nov 2016

Jeff Flake for one. Or any Republican who just squeaked by for in a blue state.

asiliveandbreathe

(8,203 posts)
7. Correct me if I am wrong -
Mon Nov 7, 2016, 04:34 PM
Nov 2016

Virginia state law requires Gov. McAuliffe to appoint someone to fill Kaine’s Senate seat for approximately a year, until a special election is held.

The senate doesn't have a vote on Kaines replacement - right???

asiliveandbreathe

(8,203 posts)
11. A bit more research re: senate appointments by state governors..
Mon Nov 7, 2016, 04:40 PM
Nov 2016

Virginia's Governor chooses the replacement -

http://www.ncsl.org/research/elections-and-campaigns/vacancies-in-the-united-states-senate.aspx

....snip....


Vacancies Filled by Gubernatorial Appointment


In the following 36 states, the governor makes an appointment to fill a U.S. Senate vacancy, and the appointee serves until the next regularly-scheduled, statewide general election.  The person elected at that next regularly-held general election serves for the remainder of the unexpired term, if any.  If the term was set to expire at that general election, the person elected serves a full six-year term.

List of states at link....

Virginia is one of those states...

asiliveandbreathe

(8,203 posts)
16. Oh, yea, your right...silly me getting all worked up for nuttin'
Mon Nov 7, 2016, 04:55 PM
Nov 2016

tks - for putting me back on my balance bar....

Latest Discussions»Retired Forums»2016 Postmortem»A 50-50 Senate may leave ...