It has never quite been legally established what “advice and consent of the Senate” (the Constitutional language for appointments) actually requires from the Senate. It’s always just been assumed that the Senate has to vote to approve cabinet members and judges, and it’s never come up as an actual issue.
Democracy’s foundation is the widely-shared respect for customs and traditions, and not primarily the Constitution. An awful lot of damage is about to be done without necessarily violating the letter of the Constitution; besides, the only interpretation that counts will be that of the Supreme Court majority that has been carefully selected by Leonard Leo.
I can imagine new Senate rules that allow en-banc certification of Trump’s cabinet nominations and slates of new judges.
Likewise I can image the Senate abandoning its practice of pro-forma sessions, and instead periodically adjourning so that Trump can make lots of recess appointments.
This is where the result in PA-Sen looms large. If Casey somehow wins, then the Republicans will still need Murkowski and Collins to override Harris’ tie-break (or they will at least need to get them to abstain) until Jan. 20. After that point, they will still need them after Vance’s seat is vacated until it’s filled. Not that I have any faith in either of them to stand up when it matters, but it is at least an obstacle.
If McCormick wins, then Collins and Murkowski are irrelevant.
I think it really depends on who the leader is and how they see things. McConnell liked the filibuster because it relieved pressure on him to pass things that were popular with the GOP base and/or donors but highly unpopular with most voters.
Politicians are loathe to do one thing and that's concede power. I'll be very surprised if the GOP Senate caucus just decides to give up all of theirs to Heir Trump, especially as he is now term-limited. Note the contours of Thune and Cornyn's statements (I don't think Scott has a chance to win Majority Leader).
It has never quite been legally established what “advice and consent of the Senate” (the Constitutional language for appointments) actually requires from the Senate. It’s always just been assumed that the Senate has to vote to approve cabinet members and judges, and it’s never come up as an actual issue.
Democracy’s foundation is the widely-shared respect for customs and traditions, and not primarily the Constitution. An awful lot of damage is about to be done without necessarily violating the letter of the Constitution; besides, the only interpretation that counts will be that of the Supreme Court majority that has been carefully selected by Leonard Leo.
I can also imagine the filibuster will be history January 2.
I can imagine new Senate rules that allow en-banc certification of Trump’s cabinet nominations and slates of new judges.
Likewise I can image the Senate abandoning its practice of pro-forma sessions, and instead periodically adjourning so that Trump can make lots of recess appointments.
This is where the result in PA-Sen looms large. If Casey somehow wins, then the Republicans will still need Murkowski and Collins to override Harris’ tie-break (or they will at least need to get them to abstain) until Jan. 20. After that point, they will still need them after Vance’s seat is vacated until it’s filled. Not that I have any faith in either of them to stand up when it matters, but it is at least an obstacle.
If McCormick wins, then Collins and Murkowski are irrelevant.
Given that Dems were pushing so hard for that, it would be appropriate for them to do that to us, I suppose.
Did Democrats do it?
I think it really depends on who the leader is and how they see things. McConnell liked the filibuster because it relieved pressure on him to pass things that were popular with the GOP base and/or donors but highly unpopular with most voters.
Politicians are loathe to do one thing and that's concede power. I'll be very surprised if the GOP Senate caucus just decides to give up all of theirs to Heir Trump, especially as he is now term-limited. Note the contours of Thune and Cornyn's statements (I don't think Scott has a chance to win Majority Leader).