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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSign Petition to Joe Biden and Senate Democrats: Confirm Merrick Garland To Supreme Court on Jan 3rd
Last edited Fri Dec 16, 2016, 06:14 PM - Edit history (2)
Daily Kos
Thursday December 7, 2016
SIGN THE PETITION TO JOE BIDEN AND SENATE DEMOCRATS:
CONFIRM MERRICK GARLAND TO SUPREME COURT ON JANUARY 3, 2017
Senate Republicans refused to give President Obama's pick to replace Supreme Court Justice Scalia even the courtesy of a hearing.
It was disrespectful, and historically unprecedented.
But there is still something we can do to get Merrick Garland confirmed before Obama leaves office.
At 12:00 noon on January 3, 2016 (according to the Constitution), the terms of 34 U.S.Senators will expire.
At that point, the Senate will briefly consist of 66 sitting senators - until Vice-President Joe Biden, in his capacity as Senate president, begins swearing in the senators-elect.
Before Biden begins the proceedings, he has a chance to preside over a Senate that consists of 34 Democrats, 2 Independents who caucus with the Democrats and 30 Republicans - as the remaining senators are in limbo of being newly sworn in.
At this point, Democrats could ask to finish Senate business as it pertains to President Obama's nomination of Judge Merrick Garland.
For the past year, Republicans have claimed that the "American people" should decide the fate of that Supreme Court seat.
Hillary Clinton got 2.7 million more votes than Donald Trump, and more Americans voted Democratic in the U.S. Senate races.
Democrats are entirely justified to make this move, and it's the only way to guarantee that Garland will be confirmed.
Senate Democrats pulling off this move must be willing to proceed over the very loud, but still out-of-order objections from Republicans.
That's to say nothing of the Republican sore feelings that would come from Democrats winning the right to fill the SCOTUS seat the entire nation knew belonged to President Obama, but it's the right thing to do.
NOW IS THE TIME...SIGN THE PETITION TO VICE PRESIDENT JOE BIDEN AND SENATE DEMOCRATS:
"CONFIRM JUDGE MERRICK GARLAND ON JANUARY 3rd"
Link to Petition:
https://www.dailykos.com/campaigns/petitions/sign-the-petition-to-joe-biden-and-senate-democrats-confirm-merrick-garland-to-supreme-court-on-january-3rd?source=20161207sp3
(As of December 16, there are more than 345,000 signatures on this petition)
More:
http://citizenschallenge.blogspot.com/2016/12/demand-jan3-vote-merrick-garland.html
http://www.dailykos.com/stories/2016/12/6/1606610/-With-Biden-in-the-chair-on-Jan-3-the-Senate-can-confirm-a-renominated-Merrick-Garland-Her
forgotmylogin
(7,527 posts)When we got clueless Harriet Miers?
Is there a recess during which Obama can appoint Garland? The Rs can try to undo this, but it makes them look really bad, especially since they stole this appointment from Obama an entire year ago.
red dog 1
(27,792 posts)The answer to that question is no!
The only constitutional way for Garland to be confirmed is what this petition calls for.
It has to be done on jJnuary 3 with Vice President Biden presiding over the U.S. Senate with Senate Democrats and the 2 Independents voting to confirm Garland.
PoliticAverse
(26,366 posts)Last edited Sun Dec 11, 2016, 04:17 PM - Edit history (1)
to her nomination.
Travis_0004
(5,417 posts)The senate needs a quorum to do business (51 to be exact). Even if there are 34 democrats, and 30 republicans, the republicans can just walk out.
Leave one republican behind, who can suggest there may not be a quorum. The presiding officer is required to hold a roll call immediately.
red dog 1
(27,792 posts)From Wikipedia.."Quorum"
(Under)
EXAMPLES IN THE UNITED STATES SENATE
"In the United States Senate, the procedure was used in the early morning hours of February 25, 1988.
Senator Robert C. Byrd of West Virginia, then the Senate Majority Leader, moved a call of the house after the minority Republicans walked out in an attempt to deny the Senate a quorum after Senate aides began bringing in cots into the Senate cloakrooms in preparation for an all-night session over campaign finance reform for Congressional elections.
Byrd's motion was approved 45-3 and arrest warrants were signed for all 46 Republicans."
In this case, Vice President Biden, as President of the Senate, could issue arrest warrants for the missing Republicans, couldn't he?
More:
http://en.wikipedia.org/wiki/Quorum