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The process for approving a justice, fwiw

Posted on 9/22/20 at 9:28 am
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54209 posts
Posted on 9/22/20 at 9:28 am
I'm thinking #3 and #4 is where the Dems will try to put the brakes on the train.

quote:

The Process
1. The President usually will consult with Senators before announcing a nomination.

2. When the President nominates a candidate, the nomination is sent to the Senate Judiciary Committee for consideration.

3. The Senate Judiciary Committee holds a hearing on the nominee. The Committee usually takes a month to collect and receive all necessary records, from the FBI and other sources, about the nominee and for the nominee to be prepared for the hearings.

4. During the hearings, witnesses, both supporting and opposing the nomination, present their views. Senators question the nominee on his or her qualifications, judgment, and philosophy.

5. The Judiciary Committee then votes on the nomination and sends its recommendation (that it be confirmed, that it be rejected, or with no recommendation) to the full Senate.

6. The full Senate debates the nomination.

7. The Senate rules used to allow unlimited debate (a practice known as filibustering) and to end the debate, it required the votes of 3/5 of the Senate or 60 senators (known as the cloture vote). In April 2017, the Senate changed this rule and lowered the required votes to 51 to end debate on Supreme Court nominations (this is commonly known as "the nuclear option").

8. When the debate ends, the Senate votes on the nomination. A simple majority of the Senators present and voting is required for the judicial nominee to be confirmed. If there is a tie, the Vice President who also presides over the Senate casts the deciding vote.



LINK
Posted by WildManGoose
Member since Nov 2005
4568 posts
Posted on 9/22/20 at 9:37 am to
It's a Republican controlled committee. I don't know the total votes needed to bring it out of committee, but I'm pretty sure Nana Lindsey can call a vote and the Republican members can push it out at any time. Same for the whole senate.
Posted by Sidicous
Middle of Nowhere
Member since Aug 2015
17164 posts
Posted on 9/22/20 at 9:47 am to
quote:

It's a Republican controlled committee. I don't know the total votes needed to bring it out of committee, but I'm pretty sure Nana Lindsey can call a vote and the Republican members can push it out at any time. Same for the whole senate.
The Committee is actually optional. Nowhere in the Constitution does it require a Committee to send the nominee to a vote. So if Turtle wants to he can skip any and all committee's and go to a floor vote.
Posted by Damone
FoCo
Member since Aug 2016
32740 posts
Posted on 9/22/20 at 9:49 am to
They used up all of their ammo during the Kavanaugh proceedings, that is still fresh in everyone's minds. Nobody will be falling for the eleventh hour character assassination again.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42594 posts
Posted on 9/22/20 at 9:54 am to
quote:

I don't know the total votes needed to bring it out of committee


It's my understanding there is no rule that says it even has to go to a committee. Could put it up for vote the day the nominee is declared -> and if there is a rule, it is only a Senate procedural rule, and it can be changed by a majority vote.

I would like to see it go to the committee however - and apply the same sort of "rules" the HoR used for their 'impeachment" hearings.

- limit time to 5 minutes to question the nominee.
- restrict questions to only matters of jurisprudence.
- strictly forbid any anonymous allegation and any that was not lodged within 2 years of its alleged occurrence.
- provide the nominee unlimited time to respond to any allegation of wrongdoing.
This post was edited on 9/22/20 at 10:02 am
Posted by Indefatigable
Member since Jan 2019
26265 posts
Posted on 9/22/20 at 9:59 am to
quote:

The process for approving a justice, fwiw


This is just the common practice used. Senate procedural rules can be changed with a majority vote.

Constitutionally, Trump could write the nomination on a napkin, hand it to McConnell at breakfast, and the full Senate could confirm the nominee before lunch.
Posted by ChineseBandit58
Pearland, TX
Member since Aug 2005
42594 posts
Posted on 9/22/20 at 10:03 am to
quote:

Constitutionally, Trump could write the nomination on a napkin, hand it to McConnell at breakfast, and the full Senate could confirm the nominee before lunch.


What are quorum requirements for a floor vote???
Posted by Indefatigable
Member since Jan 2019
26265 posts
Posted on 9/22/20 at 11:38 am to
quote:

What are quorum requirements for a floor vote???


51 Senators constitute a quorum to conduct business.
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48942 posts
Posted on 9/22/20 at 11:40 am to
Skip the committee hearing after what they did to Kavanaugh
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 9/22/20 at 11:44 am to
No. Keep Harris occupied in the hearing.
Posted by Bjorn Cyborg
Member since Sep 2016
26769 posts
Posted on 9/22/20 at 11:44 am to
There have been dozens of justices confirmed within 3 days of being nominated, many on the same day.

Your list is just customary and has nothing to do with the law.
Posted by Mrwhodat
Member since Dec 2015
10296 posts
Posted on 9/22/20 at 11:52 am to
Since the demonrats are constantly changing the rules and protocols and are threatening to impeach POTUS again, frick them in their collective asses and put it to a vote of approval.

The candidate has already been vetted. Everything else is theater.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54209 posts
Posted on 9/22/20 at 2:20 pm to
quote:


Your list


It's not my list. It's the Georgetown Law Library List.
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