Rancor and bitterness are hardly new to SC nominations during the Bush years, as witness the nominations of Robert Bork and Clarence Thomas.
That is why I said this in the original post:
This worked fairly well to moderate nominations (with two obvious exceptions) until 2003,
Here are ther Rules of Procedure for the Senate Judiaciary committee. Pay special attention to Rule 4. I'll put it in ital at the beginning so you don't have to read the whole list of rules if you don't want to.
IV. BRINGING A MATTER TO A VOTE
The Chairman shall entertain a non-debatable motion to bring a matter before the Committee to a vote. If there is objection to bring the matter to a vote without further debate, a roll call vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority.
Couldn't much clearer than that. Hatch gave it a completely idiosyncratic interpretation that allowed him to bring nominations to the floor however the Democrats voted. I read his piece, or at least skimmed it, doesn't deserve any more than that. You expect him to say anything else? To say, Oh, the fact that I ignored the rules of the committee that had stood for 30 years is the reason we have filibusters now, but they weren't necessary then because they could be killed quietly in committee if necessary? And BTW, it wasn't just Hatch. In order to get his interpretation through, he had to have a vote of the committee, and every Republican there voted in favor. If they hadn't, they would have been removed from the committee by the party caucus, and a revote would have been taken. It was what the party did, whatever the consequences. And I am willing to bet you that if Obama gets elected, they will try to hold the Democrats to the previous understanding of the rule, lol. One rule for one party that defends them from executive hubris, another for the other party that gives them an effective veto. Nice work if you can find it.
Rules of Procedure
UNITED STATES SENATE COMMITTEE ON THE JUDICIARY
I. MEETINGS OF THE COMMITTEE
1. Meetings of the Committee may be called by the Chairman as he may deem necessary on three days’ notice of the date, time, place and subject matter of the meeting, or in the alternative with the consent of the Ranking Minority Member, or pursuant to the provision of the Standing Rules of the Senate, as amended.
2. Unless a different date and time are set by the Chairman pursuant to (1) of this section, Committee meetings shall be held beginning at 9:30 a.m. on Thursdays the Senate is in session, which shall be the regular meeting day for the transaction of business.
3. At the request of any Member, or by action of the Chairman, a bill, matter, or nomination on the agenda of the Committee may be held over until the next meeting of the Committee or for one week, whichever occurs later.
II. HEARINGS OF THE COMMITTEE
1. The Committee shall provide a public announcement of the date, time, place and subject matter of any hearing to be conducted by the Committee or any Subcommittee at least seven calendar days prior to the commencement of that hearing, unless the Chairman with the consent of the Ranking Minority Member determines that good cause exists to begin such hearing at an earlier date. Witnesses shall provide a written statement of their testimony and curriculum vitae to the Committee at least 24 hours preceding the hearing in as many copies as the Chairman of the Committee or Subcommittee prescribes.
2. In the event 14 calendar days’ notice of a hearing has been made, witnesses appearing before the Committee, including any witness representing a Government agency, must file with the Committee at least 48 hours preceding appearance written statements of their testimony and curriculum vitae in as many copies as the Chairman of the Committee or Subcommittee prescribes.
3. In the event a witness fails timely to file the written statement in accordance with this rule, the Chairman may permit the witness to testify, or deny the witness the privilege of testifying before the Committee, or permit the witness to testify in response to questions from Senators without the benefit of giving an opening statement.
III. QUORUMS
1. Six Members of the Committee, actually present, shall constitute a quorum for the purpose of discussing business. Eight Members of the Committee, including at least two Members of the minority, shall constitute a quorum for the purpose of transacting business. No bill, matter, or nomination shall be ordered reported from the Committee, however, unless a majority of the Committee is actually present at the time such action is taken and a majority of those present support the action taken.
2. For the purpose of taking sworn testimony, a quorum of the Committee and each Subcommittee thereof, now or hereafter appointed, shall consist of one Senator.
IV. BRINGING A MATTER TO A VOTE
The Chairman shall entertain a non-debatable motion to bring a matter before the Committee to a vote. If there is objection to bring the matter to a vote without further debate, a roll call vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority.
V. AMENDMENTS
1. Provided at least seven calendar days’ notice of the agenda is given, and the text of the proposed bill or resolution has been made available at least seven calendar days in advance, it shall not be in order for the Committee to consider any amendment in the first degree proposed to any measure under consideration by the Committee unless such amendment has been delivered to the office of the Committee and circulated via e-mail to each of the offices by at least 5:00 PM the day prior to the scheduled start of the meeting.
2. It shall be in order, without prior notice, for a Member to offer a motion to strike a single section of any bill, resolution, or amendment under consideration.
3. The time limit imposed on the filing of amendments shall apply to no more than three bills identified by the Chairman and included on the Committee’s legislative agenda.
4. This section of the rule may be waived by agreement of the Chairman and the Ranking Minority Member.
VI. PROXY VOTING
When a recorded vote is taken in the Committee on any bill, resolution, amendment, or any other question, a quorum being present, Members who are unable to attend the meeting may submit their votes by proxy, in writing or by telephone, or through personal instructions. A proxy must be specific with respect to the matters it addresses.
VII. SUBCOMMITTEES
1. Any Member of the Committee may sit with any Subcommittee during its hearings or any other meeting, but shall not have the authority to vote on any matter before the Subcommittee unless a Member of such Subcommittee.
2. Subcommittees shall be considered de novo whenever there is a change in the Subcommittee chairmanship and seniority on the particular Subcommittee shall not necessarily apply.
3. Except for matters retained at the full Committee, matters shall be referred to the appropriate Subcommittee or Subcommittees by the Chairman, except as agreed by a majority vote of the Committee or by the agreement of the Chairman and the Ranking Minority Member.
4. Provided all Members of the Subcommittee consent, a bill or other matter may be polled out of the Subcommittee. In order to be polled out of a Subcommittee, a majority of the Members of the Subcommittee who vote must vote in favor of reporting the bill or matter to the Committee.
VIII. ATTENDANCE RULES
1. Official attendance at all Committee business meetings of the Committee shall be kept by the Committee Clerk. Official attendance at all Subcommittee business meetings shall be kept by the Subcommittee Clerk.
2. Official attendance at all hearings shall be kept, provided that Senators are notified by the Committee Chairman and Ranking Minority Member, in the case of Committee hearings, and by the Subcommittee Chairman and Ranking Minority Member, in the case of Subcommittee hearings, 48 hours in advance of the hearing that attendance will be taken; otherwise, no attendance will be taken. Attendance at all hearings is encouraged. |
