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Politics : Don't Blame Me, I Voted For Kerry -- Ignore unavailable to you. Want to Upgrade?


To: stockman_scott who wrote (61605)5/18/2005 3:17:25 PM
From: longnshortRead Replies (2) | Respond to of 81568
 
History lesson...

For those unfamiliar with the 'nuclear option' (as the Democrats call it) or the 'Bryd option' (as the Republicans are starting to call it)... it goes something like this.

The Majority leader will wonder out loud if filibusters on judicial nominees are even legal. He will then ask for a ruling from the Senate Chair (Probably Vice President Cheney). Cheney (or whoever) will rule that the judicial nominee filibusters are 'out of order'. At this point, someone from the left will challenge the ruling with an appeal. That appeal will be voted on and needs a majority to overrule the point of order that was set by the Chair. If they do not muster the majority needed, then the 'out of order' ruling stands and the filibusters are effectively over.

The reason that this is relatively easy to explain is that it was done before. In 1977 at the request of Senate Majority leader Robert Byrd, Vice President Walter Mondale ruled 33 post cloture filibusters to be 'out of order'. The subsequent appeal failed 79-14 and these particular filibusters were effectively ended.

What this means... is that the plans of Frist and company are not unprecedented as some would like you to believe. In fact this action would be no more unprecedented than would blocking a judicial nominee using a full Senate filibuster.

It also means that for a Republican to vote with the Democrats would require that Senator to not only vote against wishes of the Senate Majority leader but more importantly to caste a vote that possibly would directly conflict with a ruling by the Vice President. Anybody looking for any help (re-election or otherwise) from the party or the Administration would be hardpressed to bite the hand that feeds them. This makes it more difficult for the Democrats to win over the fence sitters on this one.