2016 Postmortem
Related: About this forumA 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!
Glamrock
(11,803 posts)The house on the other hand......
BzaDem
(11,142 posts)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)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)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)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
(35,703 posts)Jeff Flake for one. Or any Republican who just squeaked by for in a blue state.
stopbush
(24,397 posts)after Kaine resigns his seat.
asiliveandbreathe
(8,203 posts)Virginia state law requires Gov. McAuliffe to appoint someone to fill Kaines Senate seat for approximately a year, until a special election is held.
The senate doesn't have a vote on Kaines replacement - right???
Gothmog
(145,794 posts)asiliveandbreathe
(8,203 posts)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...
Proud Liberal Dem
(24,452 posts)before selecting Kaine for VP.
asiliveandbreathe
(8,203 posts)tks - for putting me back on my balance bar....