General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhy is this about Dianne Feinstein, and not about the party neglecting to defend her seat?
...when the Senate Democrats could organize a vote on a simple majority to change the filibuster rules on replacing ailing or long absent committee members?
In my view, calling out Sen. Feinstein and demanding she resign because Cornyn or the others won't allow a replacement is tantamount to asking her to surrender her seat primarily because of republican demands.
What happened to our Senate majority? Are they really unable to gather enough votes among them to defend their own colleague?
WhiteTara
(31,260 posts)we are almost human, but probably not.
brer cat
(27,587 posts)mcar
(46,056 posts)ananda
(35,144 posts)Anywhere really, because if one person is oppressed,
everyone is.
WhiteTara
(31,260 posts)because oppression is rampant.
GuppyGal
(1,748 posts)blm
(114,658 posts)Kid Berwyn
(24,393 posts)Heads GOP wins. Tails DEMs lose.
Works every time.
ripcord
(5,553 posts)LonePirate
(14,367 posts)Given these circumstances, Feinstein needs to resign.
bigtree
(94,261 posts)...if this is about Sinema and Manchin refusing to defend her replacement?
Again, some objectionable legislator won't act, so a Democratic Senator needs to resign? When did appeasing republican obstinacy and hardball become more important than defending our own party members?
It's not as if Sen. Feinstein has done anything wrong; abused her position, violated the law or is involved in some ethical dispute.
This is plain and simply about appeasing republicans for their obstruction. Not a bill or initiative at stake, but the seat of a senior Senator threatened. Republicans betting that with all of the abandonment this week of Dianne Feinstein, Democrats might just be willing to roll over for this abomination.
I'll never forget who called for a sitting Democratic Senator to resign just to appease republican thuggery, and agreed republicans should be allowed to dictate when that seat goes vacant.
LonePirate
(14,367 posts)Do you truly believe they will budge if Schumer applies enough pressure to them? You're out of touch if you think that will happen.
There are two options here.
(1) Do nothing and let the Judiciary Committee backlog balloon in hopes that Feinstein returns, if she does.
(2) She resigns, Newsom appoints a new Senator for CA and Schumer places a different Dem Senator on the Judiciary Committee.
We cannot afford to wait for #1 as that day may never come. That leaves us with #2. For the good of the country and the party, she needs to resign. She's been a great mayor and Senator; but it is time to exit the stage gracefully.
bigtree
(94,261 posts)...it would take a simple majority to change it.
If the party can't do that, then what good is the majority? It's not Sen. Feinstein surrendering to them, it's ostensibly the party.
LonePirate
(14,367 posts)She needs to resign. There are no other options. Sometimes someone has to fall on their sword for the good of the cause. Feinstein needs to do just that.
bigtree
(94,261 posts)...we have enough Democrats to pass such a rules change.
Notwithstanding some party mambers who haven't felt any pressure at all to stand with our Democratic majority.
LonePirate
(14,367 posts)bigtree
(94,261 posts)...keep up.
LonePirate
(14,367 posts)bigtree
(94,261 posts)...where is it? The Party hasn't brought any. Pundits calling for Feinstein to resign haven't called for any.
You haven't brought any, just this argument that these two won't act.
LonePirate
(14,367 posts)Why are you so adamantly supportive of the continued obstruction caused by her absence and so dismissive of the easiest solution to this mess?
bigtree
(94,261 posts)...I'd imagine it could appear that way to someone already inclined to remove her.
But the 'easy' solution is just using a simple majority to pass a rules change allowing a simple majority vote to temporarily replace senators who are sick and absent.
Not only that, but there's been zero promise or guarantee that republicans won't just refuse to vote to allow a vote on seating a new member, filibustering that effort.
FBaggins
(28,706 posts)As I said earlier - the constitution does not recognize parties just senators. And we dont have a majority (simple or otherwise) to change that rule.
bigtree
(94,261 posts)...it's the party that holds the majority in the U.S. Senate which has the power to blocks bills from receiving unanimous consent.
It is not the party that holds the majority
it is any 51 votes.
And there arent 51 votes to change that rule. You are, in fact, pushing for a minority to have the power to change the rule just because a majority would take advantage of the rule change.
bigtree
(94,261 posts)...can pull this off, save Manchin, and ostensibly Sinema.
That's not a Feinstein problem, it's another Manchin/Sinema problem (the point).
FBaggins
(28,706 posts)
cannot exercise the power of the majority.
And that includes minorities that are made up of a group that otherwise considers itself a majority. You cannot say the majority of democrats want x and were in the majority if the people who want x are not a majority of senators.
inthewind21
(4,616 posts)So your first instinct is to have a sitting ELECTED senator resign because you are in a panic over judicial nominations just NOW. Who's not been paying attention for the past 15 years?
ripcord
(5,553 posts)It is sad that people, including democrats, will continue to try and bully her into resigning.
Hekate
(100,133 posts)Lancero
(3,276 posts)To those against Biden.
We're pushing back against those bogus attacks, quite heavily. But now that certain groups have a woman in their sights, well... A lot of people here can't resist jumping on that bandwagon.
Getting rid of Biden is their end goal, but if laying the ground work for that gets rid of Dianne too... Well, that's just a nice little bonus far as they're concerned.
Raine
(31,177 posts)I guess being an older woman has plenty to do with the answer.
Srkdqltr
(9,760 posts)Its ageism and against women.
BlueTsunami2018
(4,988 posts)If the situation were reversed, the GOP would have already replaced him. They dont let anything get in the way of their goals.
bigtree
(94,261 posts)...this is republicans playing hardball.
What are Democrats going to do in response? Demand the senior Senator from California appease them by retiring?
inthewind21
(4,616 posts)Fetterman has been gone for months. You think he should resign as well?
Hortensis
(58,785 posts)stop Republicans from doing their worst is that their worst comes so frequently and can be so incredibly damaging. Since they don't have to fear destructive and harmful behaviors from us, they'd get the bigger benefit. Our senate majority is balanced on a knife edge, and 2024's coming fast.
bigtree
(94,261 posts)...for ailing republican committee members?
Do you really believe there would be some issue with the majority of Democrats over allowing a temporary replacement for an ailing member, whatever the party?
I'm certain this is just an abomination restricted to republicans.
FBaggins
(28,706 posts)If it happened now democrats would likely be unanimous in allowing them to replace a committee member.
But if Trump were president and republicans had the tie-breaking committee vote for judicial appointments in the hospital? We would definitely block that replacement.
bigtree
(94,261 posts)...we accomodate them in the majority all of the time, and this is just a simple fairness.
If republicans were elected into the majority, they would assume EVERY right available and exercise even those rights not expressly given to them in order to have their way.
What we're doing now is appease their behavior, in the MAJORITY, which won't end with this abomination if we show them we're afraid to act to defend our own WHEN WE HAVE THE POWER.
FBaggins
(28,706 posts)Im talking about a very specific scenario.
If merely failing to consent to a committee change would have held up TFGs judicial nominations
Democrats would absolutely have taken advantage of the rules to do so and DUer opinion of that action would be overwhelmingly positive.
bigtree
(94,261 posts)...they don't assume powers not enumerated to them, and this is a theft of not only a committee seat, but a Senate seat, as well.
Republicans in power don't have any need for Democrats to appease them. They do what they please, so the suggestion is that they couldn't or wouldn't make this move on their own if in a similar situation. That's novel.
FBaggins
(28,706 posts)Committees are not enumerated in the first place and there are no parties assumed in the constitution (let alone party control of committees).
If the rules that we agreed to require a vote of the full senate in order to change committee membership - then the fairness argument is all that you have.
And youre nuts if you think that Democrats in a similar scenario would not withhold such consent if it meant blocking one or more of TFGs appointees to the courts.
We did it for decades - including during TFGs administration.
bigtree
(94,261 posts)... in a simple majority rules change action, than republicans could with this majority.
The 'enumerated' part is about the prerogative of the majority which is granted through elections. Republicans have no right to dictate that seat, and only do so with our party's acquiescence.
FBaggins
(28,706 posts)The rules say that appointments come to the floor one at a time and there is a multi-day process before the final vote comes to the floor. For decades this was set aside by unanimous consent and confirmations ran through in groups because the majority had the votes. But we regularly gummed up the works by denying unanimous consent - which significantly impacted TFGs ability to bring confirmations to the floor.
bigtree
(94,261 posts)...something that our majority should be entitled to, and if not, something they should vote to remedy themselves, instead of sacrificing one of their senators.
FBaggins
(28,706 posts)And Im telling you that youre flat wrong if you think that we wouldnt use the same parliamentary shenanigans to slow down TFGs judges of the opportunity presented itself.
bigtree
(94,261 posts)...with a minority of Senators.
You just can't. There are no parliamentary shenanigans that can stop that.
FBaggins
(28,706 posts)Allow me to introduce you to the US Senate.
Where they stop simple majority votes all the time.
bigtree
(94,261 posts)...if there's no 60-vote requirement, there is no chance for an opposition filibuster.
There just isn't. This isn't rocket science.
And fuck-all with the condescenscion about understanding the Senate. You've made a false representation of the rules.
NPR: https://www.npr.org/2022/01/17/1072714887/filibuster-explained#How%20Could%20It%20Change?
...changing Senate rules would require the backing of all the current Senate Democrats, two of whom West Virginia Sen. Joe Manchin and Arizona Sen. Kyrsten Sinema have said they oppose doing so. Sinema reiterated her position on January 13, even as President Biden was preparing to visit the Capitol and argue for change on behalf of voting rights legislation Republicans are blocking.
With the current rules under pressure, Republicans have pushed back, arguing that changing the rules would hurt any chance for bipartisanship going forward...
Notice that there's nothing in this about republicans being actually able to stage a filibuster when there's no provision for one in the Senate rules.
bigtree
(94,261 posts)...it does not 'happen all the time.'
FBaggins
(28,706 posts)Deny unanimous consent and forcing them to follow the rules they agreed to
bigtree
(94,261 posts)...example:
Senate Minority Leader Mitch McConnell (R-Ky.) blocked an attempt by Senate Majority Leader Charles Schumer (D-N.Y.) to set up simple majority votes on a sweeping elections bill and legislation to bolster the 1965 Voting Rights Act, which would have allowed Democrats to pass the two bills without GOP support.
Schumer, on the Senate floor, detailed his offer: allowing the two bills to need only a simple majority to pass instead of needing the normal 60 votes to advance in the Senate. In exchange, Democrats would sign off on holding simple majority votes on nearly 20 bills that Republicans placed on the Senate calendar, which makes them available for a vote but doesnt guarantee theyll get one.
McConnell, however, rejected Schumers offer without elaborating on his objection. Under the Senates rules, any one senator can try to set up a vote or pass a bill, but because it requires signoff from the full Senate, any one senator can also object and block the request.
Schumer is expected to force votes this week on both the Freedom to Vote Act, which would overhaul federal elections, and separate voting legislation named after the late Rep. John Lewis (D-Ga.) that would strengthen the 1965 Voting Rights Act. But Republicans are set to use the 60-vote legislative filibuster to block those bills from advancing.
Once that happens, Schumer vowed to bring up changing the legislative filibuster by Jan. 17, bringing to a head months of behind-the-scenes negotiations among Democrats as theyve tried to unify on rules changes.
To change the rules, Democrats need total unity from all 50 of their members, something they dont yet have. Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) both support a supermajority requirement for legislation, while others, including Sen. Mark Kelly (D-Ariz.), havent yet taken a position. Democrats also havent landed on what proposal would unite the other 48 members of the caucus besides Manchin and Sinema, with some senators supportive of a talking filibuster, while others back a carveout for voting rights.
https://thehill.com/homenews/senate/589119-mcconnell-blocks-simple-majority-votes-dems-voting-rights-bills/
...note that the success of the rules change depends on uninimity from Democrats, not on republicans evoking unanimous consent.
And all we're talkng about here is a small carve-out for a temporary replacement for ailing, absent members on a committee.
FBaggins
(28,706 posts)and then give an example that proves my point.
bigtree
(94,261 posts)...The Senate could move to weaken the filibuster without eliminating it entirely.
A Senate majority could detonate a mini-nuke that bans filibusters on particular motions but otherwise leaves the 60-vote rule intact. For example, a Senate majority could prevent senators from filibustering the motion used to call up a bill to start (known as the motion to proceed). This would preserve senators rights to obstruct the bill or amendment at hand, but would eliminate the supermajority hurdle for starting debate on a legislative measure.
In both 2013 and 2017, the Senate used this approach to reduce the number of votes needed to end debate on nominations. The majority leader used two non-debatable motions to bring up the relevant nominations, and then raised a point of order that the vote on cloture is by majority vote. The presiding officer ruled against the point of order, but his ruling was overturned on appealwhich, again, required only a majority in support. In sum, by following the right steps in a particular parliamentary circumstance, a simple majority of senators can establish a new interpretation of a Senate rule.
https://www.brookings.edu/policy2020/votervital/what-is-the-senate-filibuster-and-what-would-it-take-to-eliminate-it/
FBaggins
(28,706 posts)The existing rules required 60 votes if the senate did not grant unanimous consent
and changing that rule required a nuke that required 51 votes that we didnt have.
Same situation now. There are at most 48 votes to change the standing rules
and that isnt a majority.
Demsrule86
(71,542 posts)There is a thread...and nowadays a blue slip is only a courtesy and not binding.
Autumn
(48,962 posts)a majority OR a even a minority they never accommodate us? Isn't that appeasement? The Dems have been accommodating them for years. But what are we getting out of Feinstein staying in office? No vote for judges, just a vote on bills, if she's well enough. I'm sure the governor would appoint another Democrat that would vote with us. I don't feel I owe any politician any loyalty for doing their job. They are well taken care of by our tax dollars, more so than the majority of the Dems that vote for them.
MiniMe
(21,883 posts)problem. But the repukes won't let her be removed.
Laura PourMeADrink
(42,770 posts)legal eagles?? Don't we? If THEY can come up with screwy ideas, surely we can employ someone with countermeasure ideas?
Phoenix61
(18,828 posts)many of Bidens judges seated as possible. Thats it. There is precedent for replacing a Senator when they are unable to complete their term.
Sky Jewels
(9,148 posts)This is a specific scenario. Judicial nomination confirmations are crucial.
The charges of "sexism" and "ageism" are ridiculous, IMHO.
ProfessorPlum
(11,461 posts)that would be suicide.
bigtree
(94,261 posts)...republicans wouldn't hesitate to protect their own members.
maxrandb
(17,427 posts)It's about the media trying to promote and push a "Dems in disarray" BS story, at the behest of, and to benefit the Retrumplican Party.
Sure, there were a couple of Dems out of hundreds that got their knickers in a bind due to a slight delay in President Biden's record setting judicial appointments process, but that's because they fall for the Retrumplican and media ploy of convincing people that Retrumplicans "Always Win", even when they're losing.
They just had about the worst mid-term cycle in history for a party out of the White House, spent 15 rounds to elect the weakest Speaker of the House in history, got stomped by 11 points in WI, and are facing a massive backlash from the most corrupt, partisan, not rooted in law court decisions from circuit to supreme court...so, the natural reaction of the media is to find something...ANYTHING...to resuscitate Retrumplicans.
This is the perfect "Dems in disarray" story, because sure, it's perfectly normal to ask if a 90 year old that has been out sick for months is able to serve.
The bigger point that needs to be made is this.
If JD Vance and Run Johnson had been defeated, we wouldn't need to worry about Feinstein.
But make no mistake. This entire "Dems in disarray" bullshit is designed to portray Retrumplicans as "strong and powerful" and Dems as weak.
Bullies must always be portrayed as inevitable winners, because in reality, they are spineless punks.
If Americans ever understand that, the Retrumplican party is dead.
bigtree
(94,261 posts)...or else we agree to republican demands that it's her retirement or nothing.
When have Senate Democrats EVER sacrificed a Senator to appease republican obstinacy?
That's what the demand is. The Senator resign and we'll consider allowing a replacement on the committee.
You do know there have been ZERO guarantees republicans will allow the seating of a new senator on the committee - just a vague suggestion from Cornyn that it would be 'an easier lift."
This is what we're jettisoning a Democratic senator for? Republican obstruction? Republicans play hardball and Democrats IN THE MAJORITY play defense? What kind of majority lets the opposition remove an ailing Senator in the dubious hope republicans will concede?
Sacrificing a Senator because the party won't act to defend her by changing the rules to accomodate her. But damn if republicans won't change the rules to accomodate their own. You'd NEVER see them refuse to do this.
maxrandb
(17,427 posts)That's why I said if WI and OH had not elected fascists, we wouldn't be in his situation.
BTW - I am extremely proud to belong to the party that support rules, decorum and traditions. I know it sucks, and I am so tempted to just say "Eff it" and sink to the other sides level, I am not sure that's the best course to preserve our Democracy.
bigtree
(94,261 posts)...and forcing the senior Senator to resign?
Where's the pressure on THEM? All of this pressure on an ailing Senator because a couple of Democrats won't stand up to republicans, and all of the scorn is placed on the sick Senator?
You shouldn't be resigned to that. DEMOCRATS SHOULD BE OUTRAGED, save for the bias around here against the Senator in question.
Link to tweet
maxrandb
(17,427 posts)The two senators I mentioned are not the only ones that don't want to change the committee assignment rules
You could also says we should pressure 8 RETRUMPLICANS to be decent about it.
The issue may resolve itself. Senator Feinstein could return in a week, and all this "yammering" and "Dems in disarray" BS will be moot.
They wheeled Strom Thurmond around until her was 100. Do you think Dems would have just said; "sure, go ahead and replace him with Jesse Helms so you can get judges confirmed."?
kwolf68
(8,452 posts)I am philosophically opposed to term limits. I believe the voters should choose much as that is nearly impossible against entrenched incumbents, but I wish these politicians would come to realize they don't need to die in freaking congress. It's actually OK if these people walk away before they are in Hospice care and allow a new generation take up the reigns. The Democratic Party, being the party of the youth, should focus on getting more young people into positions of leadership and power and not just a bunch of 80 year olds.
If young people want young congress members they should put up young candidates. I don't see just a flood of "young people" running. So, there's that.
Autumn
(48,962 posts)anywhere till her term is up. Some people think she should step down now since she has not worked since February and much is not known about her health. Others don't. Tempest in a teapot. I'm of the opinion no one should be in the Senate in their 90s. There is no reason for it.
Unless you live in California, you're opinion on DF is completely irrelevant.
Autumn
(48,962 posts)to believe anything she votes on only impacts Calif. That is the silliest excuse I have ever heard any one utter in my life.
bigtree
(94,261 posts)...refusing to stand up to the republicans.
There's no way in hell republicans would allow Democrats to dictate the retirement of one of their Senators. They'd just change the rules, which is what Democrats should do immediately.
If they can't find the votes among them it's THEY, appeasing republican obstinacy, who are holding up the progress of the Senate, not a senator who has become ill and needs a temporary replacement.
Autumn
(48,962 posts)And it won't be the last.
Not BULLFUCKINGSHIT. She's a California senator. California elected her. That's how Senatorial elections work. Were you unaware of that?
Autumn
(48,962 posts)All the judges she has voted for serve in California? I know one she voted for serves in Minnesota. Not California. You aware of that? Last election she got 6,019,422 votes. Not a one of them was from Minnesota yet her vote impacted them.
GuppyGal
(1,748 posts)...
Autumn
(48,962 posts)does not just impact people in her state that voted for her.
tinrobot
(12,062 posts)We're at 51 in a full chamber, 50 without Senator Feinstein.
Subtract out Sinema, maybe Manchin and it doesn't pass.
bigtree
(94,261 posts)..instead of those in the party who presumably wouldn't act to remedy this.
It's amazingly crass and base to demand the Senator retire without making demands these Democrats defend the party's priorities in the committee by simply voting.
It's an outrage.
is just another example of how we got here in the first place. Manchin and Sinema. Defended with vigor here all the time because of the inability to see that yes, they claim to be D's but, if they vote WITH R's then that "majority" is useless.
People freaking out and calling for a D Senator to step down NOW because of judicial appointments. Wouldn't it have been nice if the judiciary freakout/realization had been had BEFORE 2016 when the judicial was handed over to Trump and the Supreme Court was lost? It's like some think Biden is going to be able to appoint the country out of the colossal mess created because a very lot of voters completely failed to see the big picture Newsflash, he will not be able to and it won't be Diane Fienstein's fault.
Hekate
(100,133 posts)
no matter how long his absence.
Just sayin
ProfessorPlum
(11,461 posts)there have been plenty of male and female senators who have retired when they felt they no longer could serve due to medical/mental issues, with no fanfare. These situations come about when people like Feinstein and Strom Thurmond cling to their positions well past their ability to serve.