While the Democrats last week failed to reserve the voting power of the Senate to pass a new law on voting rightsthey didn’t need to change any rules to prevent a Republican objection against a Supreme Court nominee – those changes have already been made.
Beginning in 2013, hostile Democrats and Republicans enacted changes that effectively made high-court nominations unmissable, meaning Democrats wouldn’t have to focus on the election. A supermajority of 60 votes is usually needed to break a vote and move on to the final vote.
The first change occurred in 2013, when Democrats, stymied by Republican petitions against President Barack Obama’s judicial nominees, unilaterally changed the rules. to allow most executive branch nominations to pass an attempt with a 51-vote majority. Supreme Court nominees were not included.
After Donald J. Trump took office in 2017, Republicans quickly expanded the immunity of record to include candidates to the Supreme Court, clearing the way for Mr. Trump to fill three vacancies and leaving the Democrats with no way to stop him.
The twist that Senators debated last week is about legislation, which is considered on a separate track from nominations. Two Democrats, Senators Joe Manchin III of West Virginia and Kyrsten Sinema of Arizona, joined all 50 Republicans in opposing that amendment, blocking the President’s voting rights bill. Biden, which lacked enough votes to get through the GOP blockade.
When Republicans blocked Mr. Obama’s nomination of Merrick B. Garland to the Supreme Court in 2016, they didn’t need to use the records, because they already had a majority in the Senate and simply refused the appointment. Mr. Garland.
While Democrats don’t need to worry about Republicans using a run-of-the-mill campaign against an up-and-coming candidate, winning confirmation doesn’t have to be a bad thing. With the Senate split 50-50, Vice President Kamala Harris will be needed to break a binding vote, meaning the Democrats will have to keep all 50 of their members with each other or win support from the Republican Party. In addition, the illness or even death of a single Democratic senator can strip them of their majority and greatly complicate the confirmation process.
If Republicans regain control of the Senate in this year’s midterm elections, it is conceivable that they will block any Biden nominations to the high court and try to await the outcome of the election. elections in 2024.
https://www.nytimes.com/2022/01/26/us/politics/biden-scotus-nominee-filibuster.html Why Republicans Can’t Filter Biden’s Supreme Court Nominee