James Wallner Profile picture
Jul 30 16 tweets 2 min read Read on X
Senate Republicans can limit how long Democrats can obstruct Trump's nominees simply by enforcing the Senate's existing rules and practices.
In recent years, the Senate almost always schedules votes by filing cloture on the underlying question or by unanimous consent. But senators also have other ways to trigger votes.
The Senate’s precedents stipulate, "when a Senator yields the floor, and no other Senator seeks recognition, and there is no order of the Senate to the contrary, the Presiding Officer must put the pending question to a vote.”
Senate leaders tell rank-and-file senators to suggest the absence of a quorum (put the Senate in a quorum call) because the Presiding Officer can't call a vote when the Senate is in a quorum call.
By placing the Senate in a quorum call, leaders maintain control over what happens on the floor because it takes unanimous consent to vitiate the quorum call and because the Presiding Officer can't call an unplanned vote during a quorum call.
Senators already nuked the filibuster for judicial and executive branch nominees. That means it only takes a simple majority of senators (typically 51) to end debate by invoking cloture.
And senators nuked Rule 22's post-cloture time for nominees, reducing the maximum amount of time for most noms to a few hours from 30 hours.
Democrats can still obstruct by forcing the GOP to file cloture (even though invoking cloture requires only a simple majority of senators to vote yes). And they can force Republicans to invoke cloture and vote to confirm the nominees using a roll call vote instead of a voice vote
Roll call/recorded votes take time. Voice votes are quick. They also force Republicans to show up and vote for minor nominees, frustrating them.
But Democrats can do all this only because Republicans first ask unanimous consent to schedule votes on all of these nominees and then file cloture on each one of them when Democrats object.
Republicans should instead force Democrats to stand and speak on the floor on each nominee. Whenever a Democrat stops speaking and another Democrat doesn't start, the Presiding Officer must call a vote on the nominee under the Senate's existing rules and practices.
Adopting this approach forces Democrats to bear most of the costs of continued obstruction. They must stand and speak instead of showing up to vote. They must stand and speak to delay minor nominees that they may not object to.
And by standing and speaking, they individually align themselves very directly with the obstruction, giving their constituents an opportunity to hold them accountable for it (to either reward or punish them).
By adopting this approach, Republicans also pressure internal fissures in the Democratic caucus as more moderate establishment-minded Democrats will soon tire of the approach and more liberal members will argue that they need to keep at it.
And an internally divided opponent is always better than a unified opponent in Senate debates.
The Senate typically

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More from @jiwallner

Jul 8
@JohnArnoldFndtn @AlexSJacquez Both the 2017 and the 2025 change to how wagering losses impacted an individual's tax liability are Byrd compliant.
@JohnArnoldFndtn @AlexSJacquez Congress could have extended the 2017 treatment of wagering losses and similarly let them expire at the end of the budget window in the One Big Beautiful Bill.
@JohnArnoldFndtn @AlexSJacquez Lawmakers likely chose to modify the provision before extending it to generate revenue within the budget window to offset the cost of other provisions in the bill within the budget window.
Read 6 tweets
Feb 8
America lost an incredible archivist today. The president gets to make the decision. But this was a bad decision. Colleen Shogan was the right person for that job. She even resisted Biden’s effort to add the ERA to the Constitution unconstitutionally.
Why would President Trump want to remove someone who stood by the Constitution and stopped the unconstitutional attempt to add the ERA? Phyllis Schlafly would not approve.
Shogan resisted efforts to remove the Constitution and the Declaration from the Rotunda in the Archives because some people thought they were racist documents. And Trump fired her? Why?
Read 7 tweets
Oct 19, 2021
Focus on Manchin overlooks fact that he doesn’t have a veto on whether or not Senate votes. He may vote no and defeat legislation when Senate does vote, but only on issues that divide all Democrats from all Republicans.
There are very few issues that divide all Democrats’ preferred policies from all Republicans’ preferred policies. And none to my knowledge on which Democrats and Republicans (all of them) are equally committed to their position and equally opposed to the other position.
Politics - like life - is a lot more complicated. Legislative process drives lawmakers to compromise because it reveals information about voters’ preferences and lawmakers’ preferences as well as lawmakers’ determination to prevail.
Read 6 tweets
Oct 9, 2021
2011. Bob Woodward in his book, the Price of Politics (and in my first hand experience), tells us that Reid and McConnell were concerned about not raising the debt limit and didn’t see an alternative to passing legislation to do so by Aug. 2, regardless of any fiscal reforms
At the time, McConnell took a hard line publicly while quietly managing Republican senators to keep things under control (he wasn’t successful, but he tried).
McConnell did ths by using weekly member meetings to “discuss” the debt limit and how to use it as leverage. But in those meetings he pushed back forcefully against anyone (e.g., Pat Toomey) who suggested GOP not back a clean debt limit increase if fiscal reforms weren’t possible
Read 43 tweets
Oct 9, 2021
It must be a joke. McConnell’s punking us, right?
Does anyone believe him? He’s literally on record as saying the debt limit must be raised. He has cooperated to raise it at the last minute on three occassions (2011, 2014, and 2021). In all three instances McConnell publicly opposed the debt limit before publicly supporting it.
Read 8 tweets
Oct 6, 2021
Wait. I thought McConnell said he wasn’t bluffing. Remember that? What he meant to say was, I won’t help raise the debt limit unless I have to help. Of course, this is what McConnell does on debt limit. He cooperated in 2014 after stating that he would not rollcall.com/2021/10/06/man…
Remember this from 2014? courier-journal.com/story/news/pol…
Pro tip. If you are trying to get Democrats to do something without your help, don’t say that whatever you want them to do must be done no matter what. Kind of steals your thunder if you do. This was a Busch League move on McConnell’s part.
Read 5 tweets

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