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Old 06-29-2017, 08:33 PM
Iggy Iggy is online now
Join Date: Jun 2012
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Originally Posted by HurricaneDitka View Post
Just curious, how would the filibuster rule work in that situation (I know it doesn't apply to nominees)? Imagine a scenario where 47 Dem senators decided to boycott because the Ginsburg replacement nomination was coming to the floor for a vote, so they all fly / drive home for the weekend. Could McConnell and company pull a fast one and bring up the AHCA for a vote at that point? Would it still need 60 votes (not possible with only 53 Senators present) to proceed to a final vote, or since no one was around to demand a cloture vote could they go ahead and fix health care and taxes all in the same afternoon?
A cloture motion is a motion to end debate. My admittedly non-expert understanding is that if no one raises an objection to ending debate then there is no need for a cloture vote.

Further, even if there was one Democrat left to object to ending debate my understanding is that the 3/5 requirement is of those Senators present. So 53 Republicans and one lone Democrat would mean the Republicans could easily meet the 3/5 requirement.

So yes, if the Democrats hypothetically decided to run and hide that would open the opportunity for Republicans to ram through all sorts of legislation in the meanwhile. Even if there were existing rules in the Senate/House that would nominally prevent a measure from coming to a vote the Congressional members present could just vote to change the rules.