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Well, there is the matter of Senate Committee rules. These were adopted for the duration of the session at the start of this Congress. The rules for the Senate Judiciary Committee state that for a Supreme Court nominee to advance to the floor two minority senators must vote for it. If the above is true, then McConnell violated his own rules. Except for pure power politics I do not see how that should fly. Unless I am missing something then the confirmation really is illegitimate.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Oct 27th, 2020 at 11:43:25 PM EST
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Senate  Consideration of Presidential Nominees Committee and Floor Procedures

On April 6, 2017, the Senate reinterpreted Rule XXII in order to allow cloture to be invoked on nominations by a majority of Senators voting, including Supreme Court justice nominations.

by Oui on Wed Oct 28th, 2020 at 01:27:54 PM EST
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FWIW, I dug up Rule XXII and XXI three (3) weeks ago, when the Anti-RBG nomination hit the twitterverse upside the head, to assure myself of which procedures Senate dems might avail themselves to delay vote in committee and floor confirmation. KEYWORD: quorum call. I had hoped--against all my low expectations--they'd pull a TX 11 with all sincerity in opposition and flee D.C. until 31 Dec, since passage of any stimulus bill is moot.

But all I got was a 8 hr "boycott" in committee.

by Cat on Wed Oct 28th, 2020 at 05:18:16 PM EST
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