# If a future Senate ever again ignores a Supreme Court nominee - what could be done? **URL:** \ **Category:** Politics & Elections\ **Created:** [October 6, 2018, 9:07pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579 "2018-10-06T21:07:25Z")\ **Posts on this page:** 20\ **Page:** 6
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [October 8, 2018, 6:28pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/101 "2018-10-08T18:28:28Z")
> [@Eonwe](#): > > Normally I’d agree. But let’s wait a minute. Until he actually does something, it’s just locker room talk. You know, a little verbal diarrhea fueled by his god-given masculine testosterone. > > I mean, if we start getting upset at every time someone just off-hand threatens violence, where would that leave us? I ask you, where would that leave us? > > **Budget Player Cadet** obviously wouldn’t actually _do_ anything violent. He’s just talking like menfolk talk. So lighten up, Francis! “What goes around comes around” Brett Kavanaugh 2018. ---
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [October 8, 2018, 6:35pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/102 "2018-10-08T18:35:33Z")
There is a problem when rw politicians are looking to internet denizens as models on how to behave in the public sphere. You’re not going to get a lincoln out of that to say the least. Look around at the world lately? But even worse is when scotus justices do that. And then worse than that is the denial and gaslighting of the whole country over it. And then even worse than that is the projection onto the “other” of all your shit. “It was THEM!” ---
**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\ **Post date:** [October 8, 2018, 7:08pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/103 "2018-10-08T19:08:55Z")
I find it amusing (in a dark fashion) how the righties, even the more reasonable ones ISTM, when hearing about “2nd Amendment solutions” to Obama and other left-wingers in government, they would shrug and say, “Hey, it’s a little extreme, but people get angry and frustrated, it’s understandable, y’know?” Now that They Have The Papacy and Plan To Enjoy It, they are shocked – SHOCKED I tell you! – that those people whom they have vilified, mocked and disenfranchised might be getting a little trigger-itchy. Fancy _that._ :rolleyes: ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [October 8, 2018, 7:15pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/104 "2018-10-08T19:15:58Z")
> [@CaptMurdock](#): > > I find it amusing (in a dark fashion) how the righties, even the more reasonable ones ISTM, when hearing about “2nd Amendment solutions” to Obama and other left-wingers in government, they would shrug and say, “Hey, it’s a little extreme, but people get angry and frustrated, it’s understandable, y’know?” > > Now that They Have The Papacy and Plan To Enjoy It, they are shocked – SHOCKED I tell you! – that those people whom they have vilified, mocked and disenfranchised might be getting a little trigger-itchy. Fancy _that._ :rolleyes: Since the only attempt at partisan assassination was carried out by a leftie, maybe they should. ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [October 8, 2018, 7:40pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/105 "2018-10-08T19:40:57Z")
> [@drad\_dog](#): > > It seems like an urgent situatiuon to me. When people are thinking about it or brainstorming solutions, you should not piss on them and gaslight it. You are in favor of violence for your own purposes. If you don’t admit it you are just a liar. I don’t know who you are referring to but I’ll assume that it’s no one on this board. That being said, I suggest you dial it back. [/moderating] ---
**Author:** ![Akaj](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/akaj/32/145_2.png) [@Akaj](https://boards.straightdope.com/u/Akaj)\ **Post date:** [October 8, 2018, 7:48pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/106 "2018-10-08T19:48:44Z")
So … non-violent protest? Tell me more. I mean, in the civil rights era blacks were able to boycott racist public transit systems into integrating, and lunch counter sit-ins drew mainstream attention to gross inequities. If we want to effectively protest the fact that a minority of the population is denying the majority the leaders it wants\*, what can we do? I don’t mean marches and protests; they barely move the needle. I mean civil disobedience that hurts everyone and shakes society into acknowledging and fixing the problems. What can we do? \*Not looking to derail the thread by debating this point. Others have made it pretty well. ---
**Author:** ![Lightnin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lightnin/32/180_2.png) [@Lightnin](https://boards.straightdope.com/u/Lightnin)\ **Post date:** [October 8, 2018, 8:49pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/107 "2018-10-08T20:49:43Z")
> [@HurricaneDitka](#): > > [It’s not](https://www.cnn.com/2017/06/14/homepage2/james-hodgkinson-profile/index.html). Wow. You found one guy who totally makes it “both sides”. Congrats! ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 8, 2018, 8:52pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/108 "2018-10-08T20:52:24Z")
> [@Lightnin](#): > > Wow. You found one guy who totally makes it “both sides”. Congrats! Well, it makes it one side at least. ---
**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\ **Post date:** [October 8, 2018, 9:00pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/109 "2018-10-08T21:00:26Z")
> [@Akaj](#): > > So … non-violent protest? Tell me more. > > I mean, in the civil rights era blacks were able to boycott racist public transit systems into integrating, and lunch counter sit-ins drew mainstream attention to gross inequities. > > … Like the Freedom Riders. It’s a great way to protest, but the protest only remains non-violent until the rednecks show up. ---
**Author:** ![Budget\_Player\_Cadet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/budget_player_cadet/32/205_2.png) [@Budget\_Player\_Cadet](https://boards.straightdope.com/u/Budget_Player_Cadet)\ **Post date:** [October 8, 2018, 9:09pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/110 "2018-10-08T21:09:43Z")
> [@Lightnin](#): > > Aww, you mean \*we \*don’t get to start hoarding firearms and shouting out aphorisms like “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants” this time? Why is that strictly a right-wing thing? Well, it’s entirely plausible that, despite the fact that I’ve never seen denunciation from **HurricaneDitka** in anywhere near as stringent terms for any number of the far more gruesome and disgusting things said by right-wingers over the past few years, he just means me, specifically. And yeah, that’s probably a new “low” for me, if we’re judging “low” by “pertains to the norms of discussion”. An earnest look at what happens when a vast portion of the populace are shut out of lawmaking: _people start taking the law into their own hands_. Still nowhere near as bad as countless other statements made in any number of the Kavanaugh threads recently, let alone from republican politicians and pundits (this [particularly noxious turd](http://deepsouthvoice.com/index.php/2018/10/07/pro-kavanaugh-councilman-better-get-your-coat-hangers-ready/)just popped up on my facebook feed - please note that this person _holds elected office_), but not my finest moment. I did, in fact, neglect non-violent mass protest. Definitely an option. Probably a decent one, if you could actually get people on board with it. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [October 8, 2018, 9:45pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/111 "2018-10-08T21:45:22Z")
> [@Saint\_Cad](#): > > Durbin’s motion is out of order. It abuses the Privilege of the Assembly motion. > > My thought is you don’t know how Point of Order or Appeal works. > > Durbin would not be allowed to speak to the Point of Order. The presiding officer rules on it without debate. > > If the Point is well-taken then the presiding officer _agrees_ with McConnell. > > The Appeal does not bring up the consideration of Garland as the main motion. It merely is a vote on whether or not the assembly will uphold the Chair’s decision. If the Appeal passes on an majority vote then Durbin’s Privilege of the Assembly motion is denied. I may have gotten some terms backwards (it was late) but the point stands. If Biden sides with Durbin (whether parliamentary correct or not), the majority can sustain the decision of the chair. ---
**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\ **Post date:** [October 8, 2018, 9:47pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/112 "2018-10-08T21:47:29Z")
> [@Budget\_Player\_Cadet](#): > > Well, it’s entirely plausible that… he just means me, specifically. And yeah, that’s probably a new “low” for me, if we’re judging “low” by “pertains to the norms of discussion”. … not my finest moment. I did, in fact, neglect non-violent mass protest. Definitely an option. Probably a decent one, if you could actually get people on board with it. Yes, my post #73 was referring to you specifically, and even then just the subset of your posts on these boards that I’m familiar with and can recall. I had previously thought of you as one of the more level-headed left-leaning Dopers. Less so now. It was disappointing to see you go over to the **asahi** -style sky-is-falling-and-violence-might-be-necessary camp. Note: I’m under no particular illusion that what disappoints me matters to you. ---
**Author:** ![Fiddle\_Peghead](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fiddle_peghead/32/3506_2.png) [@Fiddle\_Peghead](https://boards.straightdope.com/u/Fiddle_Peghead)\ **Post date:** [October 8, 2018, 11:17pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/113 "2018-10-08T23:17:09Z")
> [@HurricaneDitka](#): > > He could withdraw the nominee and nominate someone the Senate is willing to consider. That would be, at this point, norm-breaking I think. Good idea. In addition, what might also help a great deal (not that it would necessarily result in a confirmation), is that a president in the minority party could just ask the opposing party to give him one and only one candidate that they will vote for if nominated, and then agree to nominate. That might work also. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [October 8, 2018, 11:50pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/114 "2018-10-08T23:50:03Z")
> [@](#): > > Quoth **puddleglum** : > > The point is that the senate decides its own rules and as such decides what advise and consent means. The Senate decides the Senate rules. But is this a matter of Senate rules? You could just as well say that it’s the Executive nominating the justice, and so the Executive gets to decide what “advise and consent” means. Or that it’s a proceeding to determine a Judicial position, and that the Judiciary thus gets to decide what it means. The selection of a new justice is a matter which intersects with all three branches of government, and is not the exclusive purview of any one of them. ---
**Author:** ![Thing\_Fish](https://avatars.discourse-cdn.com/v4/letter/t/ecb155/32.png) [@Thing\_Fish](https://boards.straightdope.com/u/Thing_Fish)\ **Post date:** [October 8, 2018, 11:57pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/115 "2018-10-08T23:57:49Z")
I feel the need to point out that nothing necessarily Needs To Be Done about this. It seems like we’re now in a place where no SCOTUS Justice can ever be confirmed again unless the same party controls both the Presidency and the Senate, which is kinda stupid, but it doesn’t actually cripple our ability to function as a democracy. So Court seats will sometimes sit vacant for a few years. We can deal. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [October 8, 2018, 11:58pm UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/116 "2018-10-08T23:58:30Z")
I think that what McConnell did was probably within the letter of the Constitution. But it wasn’t within its spirit – and it’s not the letter of the Constitution that maintains our government’s legitimacy among the public, it’s the spirit; and a government widely seen as illegitimate will not survive long. McConnell did harm to the country by violating the spirit of the Constitution, and increasing the number of people who are likely to see institutions of the government as illegitimate. IMO, of course. ---
**Author:** ![Fretful\_Porpentine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fretful_porpentine/32/2873_2.png) [@Fretful\_Porpentine](https://boards.straightdope.com/u/Fretful_Porpentine)\ **Post date:** [October 9, 2018, 1:08am UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/117 "2018-10-09T01:08:23Z")
What I think, in retrospect, that Obama _should_ have done was to nominate a far-left candidate first, let the Republican Senate make it known they wouldn’t confirm the candidate because of _who_ the candidate was, and then withdraw and nominate Garland as a _second_ choice, framing him as a compromise nominee. If they were willing to hold debate on the first candidate, it would become a lot more difficult for McConnell to suddenly invent a “no nominations in an election year” rule – but he would, at least, be able to sell defeating the first candidate and confirming Garland as a sort-of win for the Republicans. No idea whether this sort of thing could ever work in the future, or whether we’re too far gone down the rabbit-hole at this point. ---
**Author:** ![Lamoral](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lamoral/32/16078_2.png) [@Lamoral](https://boards.straightdope.com/u/Lamoral)\ **Post date:** [October 9, 2018, 1:13am UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/118 "2018-10-09T01:13:50Z")
> [@iiandyiiii](#): > > McConnell did harm to the country by violating the spirit of the Constitution, and increasing the number of people who are likely to see institutions of the government as illegitimate. IMO, of course. But what are those people who see the institutions of government as illegitimate actually going to _do_ about it? There’s not going to be some kind of insurrection or coup from the left. The only people who talk about that shit are right-wing extremists and they already have the government they want. So these people who view the government as illegitimate because of what McConnell did - and I agree it’s bullshit and he’s a vile individual - are they going to collectively leave the country? If anything, they’re going to be more vehement about voting against the Republicans, so I’m not sure it’s “hurting the country” in the way you describe. ---
**Author:** ![Budget\_Player\_Cadet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/budget_player_cadet/32/205_2.png) [@Budget\_Player\_Cadet](https://boards.straightdope.com/u/Budget_Player_Cadet)\ **Post date:** [October 9, 2018, 4:58am UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/119 "2018-10-09T04:58:49Z")
> [@HurricaneDitka](#): > > Yes, my post #73 was referring to you specifically, and even then just the subset of your posts on these boards that I’m familiar with and can recall. I had previously thought of you as one of the more level-headed left-leaning Dopers. Less so now. It was disappointing to see you go over to the **asahi** -style sky-is-falling-and-violence-might-be-necessary camp. Note: I’m under no particular illusion that what disappoints me matters to you. I’m just tired. Tired of seeing the bad guys win. Mitch McConnell will probably go down in history as one of the most successful politicians ever, primarily because he was able and willing to break democratic norms like the warrantee was about to expire. I just _really_ want to see him fucking suffer for what he’s done. Except I won’t. I know I won’t. He’s a rich, old white guy - even if everything goes to shit, he’s financially secure enough to flee the country, and he’s gonna be fuckin’ dead before the worst of his actions come around. Like I said: just tired. Maybe save your denouncements for the people who fucking deserve it. Y’know, like the people whose every fuckin’ post in the Kavanaugh thread was more disgusting than what you called me out for. There’s at least three of 'em still hanging around. Or, y’know, the people who support this godawful administration - their votes are a hell of a lot worse than what I just posted. Oh wait, you’re one of them. You voted for Trump, you support the Trump administration. And you have the unmitigated fucking gall to call _my_ shit out as “bad”? Glass houses, man. You have no moral gravitas here. ---
**Author:** ![Budget\_Player\_Cadet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/budget_player_cadet/32/205_2.png) [@Budget\_Player\_Cadet](https://boards.straightdope.com/u/Budget_Player_Cadet)\ **Post date:** [October 9, 2018, 5:21am UTC](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579/120 "2018-10-09T05:21:19Z")
Hey here’s a suggestion. If every member of a minority party with at least 40 members in the senate agrees, it shall be legal for them to apply one good, hard kick to the nuts of the senate majority leader. This vote may take place once per substantial party line vote. Funny, cathartic, and a good way of ensuring that you don’t want to force a SCOTUS nominee through over the head of the opposing party. 🙂 (Except you know that McConnell will fuck it up by wearing a reinforced codpiece, and then lying about it. Shame.) [Previous page](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579.md?page=5) [Next page](https://boards.straightdope.com/t/if-a-future-senate-ever-again-ignores-a-supreme-court-nominee-what-could-be-done/822579.md?page=7)