*****BREAKING***** DONALD DRUMPF DEMANDS MITCH MCCONNELL USE NUCLEAR OPTION *

[DemocratSinceBirth]

PER MSNBC

This would end debate, destroy the filbuster, and Gorsuch could be appointed to SCOTUS with a simple majority.

* All caps to illustrate importance

[C_U_L8R]

1. They'll use it no matter what

More power for them today, who gives a shit about tomorrow

[Freethinker65]

2. Yep

[Bettie]

7. Well, they've rigged the system

so they believe that they will be in power forever.

[Laura PourMeADrink]

3. Hey DSB....can you add some verbiage on the difference between going nuclear and not

[DemocratSinceBirth]

6. DONE

[unblock]

4. yet more dictator personality.

it's not unprecedented for presidents to discuss congress' internal rules, but usually it's done with great deference and respect for the fact that congress is a separate branch of government and free to make its own rules and does not answer to the president.

that's grade-school civics, but donnie of course cares nothing about such things.

[annabanana]

12. He spent grade school looking in a mirror

Just like all the other grades, and every moment before and since..

[mn9driver]

5. There isn't any question that the Senate GOP will do it.

In fact, I expect they will completely eliminate the filibuster before the end of the year. This is how it happens. And it is happening.

[Fast Walker 52]

18. agree.... we're fucked

[wildeyed]

8. Of course.

But since he is busting a vein about it, makes it easier to highlight how GOP is willing to break or change any rule to gain partisan advantage. Also, GOP establishment doesn't like Trump already and probably doesn't like being called out, again, in public.

[Ohioblue22]

9. he can huff and puff all he likes theyre co-equal branches

[Drahthaardogs]

10. It makes them look weak

Glad he did it

[jberryhill]

11. Dance Mitchie Boy, Dance

[ProudLib72]

13. McConnell needs to go nuclear

on his wattle.

[tritsofme]

14. Democrats will provide cloture, and defer the fight over the nuclear option

for a potential Ginsberg/Kennedy/Breyer vacancy.

That is my prediction.

[Xolodno]

15. Not surprised.

The filibuster was there to provide a more inclusive and compromising approach to issues. The GOP under Obama used it as a weapon. Now that weapon could be used back at them, so they will eliminate it.

One thing is for certain, they will not be in power for long and will regret burning the bridges. The turtle is going to go down in history as the guy who destroyed civility in Congress.

[Mike Niendorff]

16. Ok, let's go double-nuclear : 28 U.S. Code 1

The current (9 Justice) makeup of the Supreme Court is **NOT** a Constitutional requirement.

This convention was actually added to *federal* law (28 U.S. Code § 1) in 1948.

Which means it can be changed just like any other federal law.

There is some history here that is highly relevant. Do a Google search on "Court Packing Crisis of 1937", because I believe this is OUR new "nuclear option".

We should be very, very clear with Republicans : if they take away the filibuster and ram through an illegitimate Justice to fill their stolen seat, then -- as soon as the numbers allow -- the next Democratic administration *WILL* repeal 28 U.S. Code § 1, and will appoint additional justices to the Court to offset the effect of the stolen seat.

FDR got it right in 1937, and the mere threat was enough. I believe this time, however, Dems will have to actually follow through and do it. So please, let's get it out there right now. Let them know that if they want to play with fire, their stolen majority on the Court will be NULLIFIED at the earliest opportunity. As soon as Trump is out, so is their Court majority.

And by eliminating the filibuster, they will, by the same action, be eliminating their only defense to that.

Let them chew on that.


MDN

[Fast Walker 52]

17. fair enough, assuming we ever have competitive elections again... that's in doubt right now

[onenote]

19. It's a good idea, but it could be a long time

before we have a majority in the House and Senate that would allow us to pass such legislation.

[Mike Niendorff]

21. If Trump continues as he is, I think it will be very very soon.

There's a reason he's planning his "voter fraud" purge -- he knows he got in on a technicality, and Americans' hatred of him is only growing. He has ZERO chance of winning in 2020 without massive vote-suppression. Everyone sees this coming. We need to stand our ground, protect the vote, and make Trump and his people pay.

MDN

[onenote]

22. Winning the White House and the Senate are within reach. Winning the House is tougher nut

because of gerrymandering.

Plus, as we all know, attaining unanimity from Democrats, particularly on the House side, is a tall order. Hopefully, Trump's abuses will change that, and I'm not saying the threat shouldn't be made (it should) -- just that if it comes down to it, actually adding seats to the Court will be more difficult than threatening to do so.

[politicat]

24. Even in safe districts, the margin by which they win is less than the % of nonvoters.

It's a hard, expensive, feet on the ground, GOTV fight, but it's absolutely possible.

We don't have to flip every seat.

[Mike Niendorff]

20. And let's also not forget that impeachment of Justices is also an option.

-----

United States Constitution : Article III, Section 1

The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

-----

Note the term "good behavior" -- this is a Constitutional check on the Justices power : they are very much subject to impeachment, and the Constitutional standard is broad (I have, in fact, argued since Bush v Gore that it's time to dust off this clause and put it to its intended use).

This is another "nuclear" option open to the next Democratic administration.

Perhaps a timely reminder to Republicans on this Constitutional reality would also be in order.


MDN

[onenote]

23. It will be a long long time before the votes are there to remove a SCOTUS judge

unless they're caught having committed a criminal act.

[JustABozoOnThisBus]

30. Not only does there have to be a criminal act, but ...

... the criminality would have to be committed by one of the more liberal justices.

[Doremus]

25. Or cheeto could do the same, only he'd do it and not just threaten nt

[rzemanfl]

27. I agree with you absolutely and have made this point here numerous times in the past. n/t

[Ilsa]

29. Unless they do it first --- repeal 28 U.S. Code 1

They pack on another pair of young Gorsucks.

[LenaBaby61]

36. If Democrats ever gained power again, I WISH ....

the next Democratic administration *would* repeal 28 U.S. Code § 1, and appoint additional justices to the Court to offset the effect of the stolen seat.

But Dems won't do that. IF Democrats ever do get back into power, rethugs will preach unity, then Dems will fall for it and say hey you're right, we're going to work with you for the good of the country (Even though you shit on us the whole time tRump was Illegitimate-in-Chief), then the Democrats will piss us fellow Dems/Progressives off by going along to get along with thuglicans and the GOP will do a LUCY and pull the ball right out from under Charlie Brown Democrats and that will be that...AGAIN. *sigh*

[doc03]

26. The Democrats just as well hold their ground the Republicans

will do whatever it takes.

[johnnypanic42]

28. for a second i thought "nuclear option"

was literal, and the sad part is that it was pretty plausible to me in that second.
otherwise, this dumpster fire is still burnin' strong. god, where's RBG when you need her?

[Eliot Rosewater]

31. I had no doubt the filibuster would be gone within 24 hours of the SC

appointment showing up.

They have dreamed of destroying your rights for decades, sending women to back alleys to die for having sex without permission and so on.

[Billy Jingo]

32. McConnell may not have the 50 votes

The Supreme Court might be worth it to them, I don't know but all it takes is 3 defectors.

[spooky3]

33. Npr just reported McConnell's threatening to use it. Please proceed.

What do Dems have to lose by calling their bluff? If Reps are going to use it, I would rather force them into it than giving them the chance to say this illegitimate appointment had bipartisan support. And there is a chance they won't use it, because if they and Trump screw up badly enough, voters will get them out in 2018.

[Zambero]

34. Nothing like "checks and balances"

The Founders realized that if any one branch of government was able to express undue power over another, that the republic as they envisioned it could no longer function as such. Thank goodness this Constitutional principle has held up.... until now???

[Blue Owl]

35. The tortoise and the hairpiece

n/t

[TheFrenchRazor]

37. good, then when dems get back in power, we can do the same. nt

[MiniMe]

38. He didn't demand it, he just said that if that was Mitch's choice, to go for it

We need to report it correctly, not be overly dramatic about it.