DOCSLIB.ORG

Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION Vol. 158 WASHINGTON, TUESDAY, NOVEMBER 27, 2012 No. 149 Senate The Senate met at 10 a.m. and was COONS, a Senator from the State of Dela- A bill (S. 3637) to temporarily extend the called to order by the Honorable CHRIS- ware, to perform the duties of the Chair. transaction account guarantee program, and TOPHER A. COONS, a Senator from the DANIEL K. INOUYE, for other purposes. State of Delaware. President pro tempore. Mr. REID. Mr. President, I would ob- Mr. COONS thereupon assumed the ject to any further proceedings with re- PRAYER chair as Acting President pro tempore. spect to this bill at this time. The Chaplain, Dr. Barry C. Black, of- f The ACTING PRESIDENT pro tem- fered the following prayer: RECOGNITION OF THE MAJORITY pore. Objection is heard. The bill will Let us pray. LEADER be placed on the calendar. Eternal God, the source of our joy, Mr. REID. Mr. President, this is one thank You for this opportunity to call The ACTING PRESIDENT pro tem- of the must-do pieces of legislation we on Your Name. You have sustained this pore. The majority leader is recog- have to do before this calendar year Nation through the seasons of its exist- nized. ends. ence, and we are depending on You, f FINDING COMMON GROUND Lord, to guard our future with Your might. NATIONAL DEFENSE AUTHORIZA- Mr. REID. Mr. President, too often it As our Senators seek to do the work TION ACT FOR FISCAL YEAR is a challenge to find common ground of freedom, deepen their love for those 2012—MOTION TO PROCEED—Re- here in Washington. But as we nego- on life’s margins. Give our lawmakers sumed tiate a path back from the fiscal cliff, this day the gift of Your spirit as they Mr. REID. Mr. President, I now move we should also recognize when Demo- give thanks to You in all things. to proceed to Calendar No. 419, S. 3254, crats and Republicans agree. We agree Lord, we believe You will lead us the Defense authorization bill. taxes should not go up for anyone mak- through all our tomorrows as You have The ACTING PRESIDENT pro tem- ing less than $250,000 a year. Now, 97 led us through our yesterdays. pore. The clerk will report. percent of small businesses and 98 per- We pray in Your merciful Name. The legislative clerk read as follows: cent of middle-class families would benefit from that. Amen. Motion to proceed to the bill (S. 3254) to authorize appropriations for fiscal year 2013 With common ground in sight, we f for military activities of the Department of should be able to act today to avert the PLEDGE OF ALLEGIANCE Defense, for military construction, and for fiscal cliff for millions of families and defense activities of the Department of En- businesses. Even if we disagree on The Honorable CHRISTOPHER A. COONS ergy, to prescribe military personnel whether to extend tax breaks for the led the Pledge of Allegiance, as follows: strengths for such fiscal year, and for other wealthiest 2 percent of Americans, we I pledge allegiance to the Flag of the purposes. should agree to hold the middle class United States of America, and to the Repub- SCHEDULE harmless and do it today, do it now. A lic for which it stands, one nation under God, Mr. REID. Mr. President, we are indivisible, with liberty and justice for all. single vote in the House of Representa- going to recess, as we normally do on tives would get the job done now. Un- f Tuesdays, from 12:30 to 2:15 to allow for fortunately, there is one obstacle our weekly caucus meetings. APPOINTMENT OF ACTING standing between Congress and com- We are going to begin consideration PRESIDENT PRO TEMPORE promise: Grover Norquist. For years of the disabilities treaty this afternoon Norquist has bullied lawmakers willing The PRESIDING OFFICER. The whether with a vote or with permis- to put their oath of office or their clerk will please read a communication sion. It is a simple majority vote to promise to serve constituents ahead of to the Senate from the President pro move to this most important piece of their pledge to this antitax zealot. His tempore (Mr. INOUYE). legislation. brand of ideological extremism has The legislative clerk read the fol- MEASURE PLACED ON THE CALENDAR—S. 3637 been bad for Congress and even worse lowing letter: Mr. REID. Mr. President, I am told for the country. So I was pleased to see U.S. SENATE, that S. 3637 is due for its second read- Republicans in Congress distance PRESIDENT PRO TEMPORE, ing and is at the desk. themselves from Norquist this week. I Washington, DC, November 27, 2012. To the Senate: The ACTING PRESIDENT pro tem- appreciate that very much. So do the Under the provisions of rule I, paragraph 3, pore. The clerk will read the bill by American people. I am sure their con- of the Standing Rules of the Senate, I hereby title for the second time. stituents do. Several Republican law- appoint the Honorable CHRISTOPHER A. The legislative clerk read as follows: makers have said revenue should be on ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6909 . VerDate Mar 15 2010 00:14 Nov 28, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27NO6.000 S27NOPT1 jbell on DSK7SPTVN1PROD with S6910 CONGRESSIONAL RECORD — SENATE November 27, 2012 the table during the fiscal cliff negotia- let me suggest that if the President All this reflects a very clear philos- tions. How common sense is that? Ab- wants a solution to the challenges of ophy: For Washington Democrats, solutely. It is so clear to everyone ex- the moment, the people he needs to be every dollar that has ever been secured cept Grover Norquist. It is time now talking to are the members of his own for anything is sacred—every dollar for the Republicans to turn this happy party so he can convince them of the that has ever been secured for anything talk into action. need to act. We are not going to solve is sacred—and they will defend it to President Obama and Senate Demo- this problem by creating villains and the death regardless of what it means crats ran on a promise to end the Bush drumming up outrage. We will solve for jobs or the economy. But those tax breaks for the wealthy. President the problem by doing the hard work of days are over because you do not elimi- Obama did not hide that in the last sitting down and figuring out a solu- nate trillion-dollar deficits by taxing year of his campaign. Every place he tion that involves tough choices on all the rich—not even close. It may be an went, that is what he talked about. sides. effective talking point, but as a matter Americans, when they voted, raised That gets at another point I made of policy it is a minor deal, and the their voices and supported our pledge. yesterday. In the past, Democrats have Democrats know it. So, as we move Congress must act in accordance with demanded tax hikes now for spending into the final stretch, it is time, as I the will of the American people. cuts that never actually happen. Not have said, to put the talking points An agreement to avoid the fiscal cliff this time. A balanced approach means away and get serious about striking a must give economic certainty to mid- real spending reductions now. And I am deal. dle-class families and must protect im- not saying this because it is the Repub- The first step to recovery is to admit portant tax deductions for families and licans’ position, although it is. I am you have a problem. If borrowing more businesses still struggling to recover not saying this because I have any- than 40 cents for every dollar you from this great recession. It must take thing against the government, which I spend does not convince you you have a balanced approach to reduce spend- do not. I am saying this because it is a spending problem, frankly, I do not ing. But it must also ask the richest of the only approach that has any chance know what will. If Democrats cannot the rich to pay a little bit extra to re- of working. No credible deficit reduc- admit we have a spending problem, duce the huge deficit we have. tion plan we have seen over the past they need to talk to their constituents Any balanced agreement will require few years excludes real cuts. If we want more. They need to get real. That difficult concessions from both sides—I to prevent this crisis, Democrats need means changing the way things have said both sides. Clinging to the kind of to be as serious about cutting spending been done around here for the past few ideological purity Grover Norquist ped- as they are about spending. It is that years. dles, saying he will never bend or com- simple. Independent budget experts have promise, is easy. Cooperating with By the way, this is an approach been telling us for ages that our long- those with whom you disagree is hard. Americans overwhelmingly support. term budget deficits are driven by the Doing what is right for the country de- According to a recent AP poll, voters unsustainable health care entitle- spite personal cost is hard.
Load more

Recommended publications
  • A Test for Bush's Republican Majority
    Introduction Stiftung Wissenschaft und Politik German Institute for International and Security Affairs A Test for Bush’s Republican Majority The “Filibuster”-Debate in the U.S. Senate Michael Kolkmann SWP Comments Six months after the re-election of President George W. Bush many observers wonder whether and to what extent the Republican majorities on Capitol Hill are reliable and durable. The issue gained significance following the battle about the confirmation of several judges that were nominated by Bush to the Federal bench; Democratic Senators opposed these nominations and tried to block them by using the parliamen- tary instrument of the filibuster. A bipartisan agreement brokered by moderate Senators and signed on 23 May 2005 temporarily resolved the explosive divisiveness and conflict potential of the judicial nominations. The filibuster debate was the first and potentially foremost test for President Bush to determine how far he can count on his legislative majority in Congress in the upcoming legislative battles. The debate got heated when Democrats bloc. The filibuster debate presented a blocked the confirmation of seven judicial serious challenge for President Bush, nominees by Bush using the parliamentary because a successful filibuster would have instrument of the filibuster. A filibuster is slowed down or even prevented Senate typically an extremely long speech that action on Bush’s reform initiatives for his is used primarily to stall the legislative second term. process and thus derail a particular piece of legislation or a nomination introduced by the executive. The filibuster is possible Use of the “Nuclear Option”? because the legislative process in the Senate Republicans could decide to suspend the is governed by relatively liberal and flexible rules guiding the floor proceedings of rules—compared to the House of Represen- the U.S.
    [Show full text]
  • The Senate in Transition Or How I Learned to Stop Worrying and Love the Nuclear Option1
    \\jciprod01\productn\N\NYL\19-4\NYL402.txt unknown Seq: 1 3-JAN-17 6:55 THE SENATE IN TRANSITION OR HOW I LEARNED TO STOP WORRYING AND LOVE THE NUCLEAR OPTION1 William G. Dauster* The right of United States Senators to debate without limit—and thus to filibuster—has characterized much of the Senate’s history. The Reid Pre- cedent, Majority Leader Harry Reid’s November 21, 2013, change to a sim- ple majority to confirm nominations—sometimes called the “nuclear option”—dramatically altered that right. This article considers the Senate’s right to debate, Senators’ increasing abuse of the filibuster, how Senator Reid executed his change, and possible expansions of the Reid Precedent. INTRODUCTION .............................................. 632 R I. THE NATURE OF THE SENATE ........................ 633 R II. THE FOUNDERS’ SENATE ............................. 637 R III. THE CLOTURE RULE ................................. 639 R IV. FILIBUSTER ABUSE .................................. 641 R V. THE REID PRECEDENT ............................... 645 R VI. CHANGING PROCEDURE THROUGH PRECEDENT ......... 649 R VII. THE CONSTITUTIONAL OPTION ........................ 656 R VIII. POSSIBLE REACTIONS TO THE REID PRECEDENT ........ 658 R A. Republican Reaction ............................ 659 R B. Legislation ...................................... 661 R C. Supreme Court Nominations ..................... 670 R D. Discharging Committees of Nominations ......... 672 R E. Overruling Home-State Senators ................. 674 R F. Overruling the Minority Leader .................. 677 R G. Time To Debate ................................ 680 R CONCLUSION................................................ 680 R * Former Deputy Chief of Staff for Policy for U.S. Senate Democratic Leader Harry Reid. The author has worked on U.S. Senate and White House staffs since 1986, including as Staff Director or Deputy Staff Director for the Committees on the Budget, Labor and Human Resources, and Finance.
    [Show full text]
  • The Filibuster and Reconciliation: the Future of Majoritarian Lawmaking in the U.S
    The Filibuster and Reconciliation: The Future of Majoritarian Lawmaking in the U.S. Senate Tonja Jacobi†* & Jeff VanDam** “If this precedent is pushed to its logical conclusion, I suspect there will come a day when all legislation will be done through reconciliation.” — Senator Tom Daschle, on the prospect of using budget reconciliation procedures to pass tax cuts in 19961 Passing legislation in the United States Senate has become a de facto super-majoritarian undertaking, due to the gradual institutionalization of the filibuster — the practice of unending debate in the Senate. The filibuster is responsible for stymieing many legislative policies, and was the cause of decades of delay in the development of civil rights protection. Attempts at reforming the filibuster have only exacerbated the problem. However, reconciliation, a once obscure budgetary procedure, has created a mechanism of avoiding filibusters. Consequently, reconciliation is one of the primary means by which significant controversial legislation has been passed in recent years — including the Bush tax cuts and much of Obamacare. This has led to minoritarian attempts to reform reconciliation, particularly through the Byrd Rule, as well as constitutional challenges to proposed filibuster reforms. We argue that the success of the various mechanisms of constraining either the filibuster or reconciliation will rest not with interpretation by † Copyright © 2013 Tonja Jacobi and Jeff VanDam. * Professor of Law, Northwestern University School of Law, t-jacobi@ law.northwestern.edu. Our thanks to John McGinnis, Nancy Harper, Adrienne Stone, and participants of the University of Melbourne School of Law’s Centre for Comparative Constitutional Studies speaker series. ** J.D., Northwestern University School of Law (2013), [email protected].
    [Show full text]
  • The Rise of One-Party Rule in the Senate Charles Tiefer University of Baltimore School of Law
    Roger Williams University Law Review Volume 24 | Issue 1 Article 3 Winter 2019 Deliberation's Demise: The Rise of One-Party Rule in the Senate Charles Tiefer University of Baltimore School of Law Kathleen Clark Washington University in St. Louis Follow this and additional works at: https://docs.rwu.edu/rwu_LR Part of the American Politics Commons, and the Legislation Commons Recommended Citation Tiefer, Charles and Clark, Kathleen (2019) "Deliberation's Demise: The Rise of One-Party Rule in the Senate," Roger Williams University Law Review: Vol. 24 : Iss. 1 , Article 3. Available at: https://docs.rwu.edu/rwu_LR/vol24/iss1/3 This Article is brought to you for free and open access by the School of Law at DOCS@RWU. It has been accepted for inclusion in Roger Williams University Law Review by an authorized editor of DOCS@RWU. For more information, please contact [email protected]. Deliberation’s Demise: The Rise of One-Party Rule in the Senate Charles Tiefer* and Kathleen Clark** ABSTRACT Much of the recent legal scholarship on the Senate expresses concern about gridlock, which was caused in part by the Senate’s supermajority requirement to pass legislation and confirm presidential nominees. This scholarship exalted the value of procedural changes permitting the majority party to push through legislation and confirmations, and failed to appreciate salutary aspects of the supermajority requirement: that it provided a key structural support for stability and balance in governance. The Senate changed its rules in order to address the problem of partisan gridlock, and now a party with a bare majority is able to force through much of its agenda.
    [Show full text]
  • “D. C. Update”—Hicks-Ray Associates
    WESTCAS 2015 Fall Conference October 28, 2015 Tucson,Arizona Hicks-Ray Associates Focus of Today’s Discussion 1.Current Situation in Congress – the chaos, deadlines & challenges 2.Western Drought Bill – Opportunities for WESTCAS 3.FY16 Appropriations – Riders & western water regulation/funding The information we are about to impart can win you… a bet at a “Nerd Bar,” but it is impossible to discuss legislation or policy without having an overview of the “Big Picture” It wouldn’t This week: be Congress the election of a new Speaker of the House if there were This week: not looming Continuing Resolution to keep Transportation deadlines. Next week: Increasing the Federal Debt Limit December 11: CR for FY16 Appropriations expires One week before Christmas with President Obama pledging not to sign a further CR. Congress faces the following critical deadlines… Nov 1st – Dec 11th – Oct 29th – Debt CR Runs Trans CR Ceiling Out President says he will veto another CR, result: Gov’t shut-down Will we be treated to another Congressional display of chaos? Will we be treated to another Congressional display of chaos? Or will we enter a whole new age in political discourse? It is very likely that Congressman Paul Ryan will be elected Speaker this week. 247 – Number of 186 – Number of Republicans Democrats 433 186 – Number of 247 – Number of Democrats Republicans 433 Technically, all a Member needs is 50% plus 1 of the Caucus or 124 votes, to win the secret ballot. But the actual election of the Speaker takes place in public on the House floor with all Members having a vote.
    [Show full text]
  • Researching Congressional Rules & Procedure
    Researching Congressional Rules & Procedure This is a select list of resources for researching and understanding rules and procedures in the United States Congress. For finding other congressional documents related to rules and procedures (e.g., resolutions adopting or amending rules, Rules Committee reports, points of order documented in Congressional Record), the best online resources are ProQuest Congressional, Congress.gov, FDsys, and HeinOnline. Background and Explanation Walter J. Oleszek, Congressional Procedures and the Policy Process (10th ed. 2016) The best and most well-known book on congressional procedure. Charles Tiefer, Congressional Practice and Procedure: A Reference, Research, and Legislative Guide (1989) While a bit older, this book is a great in-depth examination of procedure. Barbara Sinclair, Unorthodox Lawmaking: New Legislative Processes in the U.S. Congress (4th ed. 2012) Examines how procedure “really” works in Congress (compared to standard textbook descriptions) and how it has changed in recent years. It is well-known and heavily cited. The fifth edition will be published in July 2016. Charles Tiefer, The Polarized Congress: The Post-Traditional Procedure of Its Current Struggles (2016) This new book also examines how procedure has changed in recent years and how those changes have impacted lawmaking in Congress. CQ Guide to Congress (7th ed. 2013) A good, basic guide to Congress that includes several chapters on congressional procedure. Martin M. Gold, Senate Procedure and Practice (3d ed. 2013) Williams Reference, KF4982 .G65 2013 In-depth examination of procedures in the U.S. Senate specifically. Brown, Johnson & Sullivan, House Practice: A Guide to the Rules, Precedents, and Procedures of the House (2011) This guide is prepared by House parliamentarians and organizes the rules, precedents and procedures by topic.
    [Show full text]
  • Filibusters, Cloture, and the “Nuclear Option”: the Current Debate Over Changing Senate Rules for Approving Judicial Nominations
    Filibusters, Cloture, and the “Nuclear Option”: The Current Debate Over Changing Senate Rules for Approving Judicial Nominations March, 2005 Paul E. Stinson Janelle M. Smith Nixon Peabody, LLP © 2005. All Rights Reserved. Filibusters, Cloture, and the “Nuclear Option”: The Current Debate Over Changing Senate Rules for Approving Judicial Nominations March, 2005 © 2005, Nixon Peabody, LLP. All Rights Reserved. Abstract This background research paper examines the possible use of a simple majority vote rule to end filibusters of federal judicial nominees in the United States Senate. Recently, political controversy surrounding filibusters of presidential judicial nominations has prompted some Senators to suggest the use of a Senate procedure for ending filibusters by simple majority vote. Currently, Senate Standing Rule XXII requires a 60-Senator majority for ending debate upon a nomination, and a 67-Senator vote for ending debate on a motion to alter the Senate Rules themselves. This procedure, deemed the “constitutional” option by its supporters and the “nuclear” option by its detractors, is essentially a means for bypassing the Standing Rules through alternate Senate procedures such as rulings from the Chair, motions to table, modifications of Senate precedents, and Standing Orders. The debates over both the use of the filibuster and the use of the nuclear option raise significant questions of constitutional interpretation, the historical record, and the nature of the Senate itself. This paper presents an outline of the major issues surrounding both debates, as well as a description of the option and how it might be implemented. Part I presents a brief introduction. Part II explores the history of the filibuster.
    [Show full text]
  • CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 6 April 27, 2005 JUDICIAL NOMINATIONS Try Accomplish the Goal of Sustaining a That They Must Break with the More Mrs
    7878 CONGRESSIONAL RECORD—SENATE, Vol. 151, Pt. 6 April 27, 2005 JUDICIAL NOMINATIONS try accomplish the goal of sustaining a that they must break with the more Mrs. MURRAY. Mr. President, I come strong democracy and ensuring the than 200 years of tradition and 200 to the floor to talk about the Senate’s participation of all people is very im- years of precedent. We have heard day deliberations on some of the adminis- portant. after day on the floor—even a few mo- tration’s judicial nominees. It is clear Elections are the foundation of our ments ago—that this is the most im- this is a debate about basic American democracy. They determine the direc- portant issue facing this body today. values. In drafting the Constitution, tion of our country. But an election Well, we have record-high gas prices the Framers wanted the Senate to pro- loss does not mean you lose your voice and deficits, we have 45 million unin- vide advice and consent on nominees or you lose your place at the table. sured Americans, and we have far too who came before it to ensure that these That is what we must do to keep our many veterans without the health care very rights and values were protected. democracy strong. That is why we are they need and deserve. All the other I believe, as a Senator, I have a respon- fighting so hard to keep our voice. side is talking about is doing away sibility to stand up for those values on Recently, we have heard a lot from with the checks and balances so they behalf of my constituents in Wash- the other side about attacks on faith can get radicals on the bench.
    [Show full text]
  • I V / '/ Ijvey M. Sapolsky LIBRARIES
    The Real Rules of the Budget Game: Minority Fiscal Decision Making in the United States Senate by Marsha Jean Simon A.B., Economics and Political Science Mount Holyoke College, 1973 M.S., Political Science Massachusetts Institute of Technology, 1975 SUBMITTED TO THE DEPARTMENT OF POLITICAL SCIENCE IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN POLITICAL SCIENCE AT THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY JUNE 2005 ( 2005 Marsha Jean Simon. All rights reserved. The author hereby grants to MIT permission to reproduce and to distribute publicly paper and electronic copies of this thesis document in whole or part. .- s 'A / Signature of Author: ! _ , - '-, 61 Department of Political Science I f-'D March 31, 2005 Certified by: V / IJvey'/ M. Sapolsky Professor of Public Policy and Organization Thesis Supervisor Accepted by: :~ ~ MSACUET IN E Roger Petersen MASSACHUSTS INSTI Associate Professor of Political Science OF TECHNOLOGY Chairman, Graduate Program Committee OCT 17 2005 4° ,/lv LIBRARIES 2 The Real Rules Of The Budget Game: Minority Fiscal Decision Making In The United States Senate by Marsha Jean Simon Submitted To The Department Of Political Science On March 31, 2005 In Partial Fulfillment Of The Requirements For The Degree Of Doctor Of Philosophy In Political Science At The Massachusetts Institute Of Technology ABSTRACT: This study examines the consequences of the Gramm-Rudman super-majority budget rules on fiscal decision making in the Senate. It attempts to determine the efficacy of these rules as defined by those who advocate them, Public Choice scholars and conservative activists, by testing both whether they restrain spending overall and, second, whether they more often block spending benefiting concentrated special interests than other types of spending.
    [Show full text]
  • The Solution to the Filibuster Problem: Putting the Advice Back in Advice and Consent
    Case Western Reserve Law Review Volume 54 Issue 4 Article 17 2004 The Solution to the Filibuster Problem: Putting the Advice Back in Advice and Consent Laura T. Gorjanc Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Laura T. Gorjanc, The Solution to the Filibuster Problem: Putting the Advice Back in Advice and Consent, 54 Case W. Rsrv. L. Rev. 1435 (2004) Available at: https://scholarlycommons.law.case.edu/caselrev/vol54/iss4/17 This Comments is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE SOLUTION TO THE FILIBUSTER PROBLEM: PUTTING THE ADVICE BACK IN ADVICE AND CONSENT INTRODUCTION Today, hostility reigns in Washington. This is so, less than three years after a period of virtually unparalleled national unity following the terrorist attacks on September 11, 2001. Now, with Congress and the nation almost evenly divided politically, rela- tions between the Republicans and Democrats in Washington are as discordant as ever. As one pundit put it, "[c]ynicism is back in full force. Extraordinary political partisanship and acrimony are back."' This "extraordinary political partisanship and acrimony" is best evidenced by the recent wranglings over several nominees for prestigious and powerful federal courts of appeals appoint- ments. In the past year, Democrats successfully filibustered six of President Bush's nominees 2 and the Republicans responded with an all-night "talkathon" meant to publicly condemn the Democ- rats' filibusters.
    [Show full text]
  • UNDERSTANDING the BLUE SLIP DEBATE 1 Hearings for Circuit Court Nominees Despite the Objections of Nees
    A BRIEF HISTORY OF THE BLUE SLIP The blue slip is an uncodified Senate tradition. As such, vari- ous chairs of the Senate Judiciary Committee have treated their influence differently. According to the Congressional Research Service: “From the 65th through the 84th Con- gresses, no chair of the Judiciary Committee allowed any negative blue slips to automatically veto a nomination.”2 The policy changed, though, when Sen. James Eastland (D-Miss.) became chair of the committee in 1956. During his tenure from 1956 to 1978, a nominee needed a positive blue slip from each of his or her home-state senators before advanc- ing through the committee.3 The policy changed again under Sen. Edward Kennedy’s (D-Mass.) tenure as chair from 1979 to 1981. Under Sen. Ken- nedy, an unreturned (or even negative) blue slip would not necessarily end a nomination. Chairman Sen. Strom Thur- mond (R-S.C.) followed a similarly lenient policy in practice from 1981 to 1987, as did Chairman Sen. Joe Biden (D-Del.) 4 R STREET SHORTS NO. 68 from 1987 to 1995. March 2019 In 2001, then-Chairman Sen. Patrick Leahy (D-Vt.) returned to Sen. Eastland’s threshold, requiring two positive blue slips for a nominee to advance through the committee.5 But dur- ing Sen. Orrin Hatch’s second tenure as chair in 2001, and in UNDERSTANDING THE his third tenure from 2003 to 2005, he returned to the policy used previously by both he and Sen. Biden, not allowing the BLUE SLIP DEBATE lack of two positive blue slips to automatically veto a nomi- nation.6 And then from 2005 to 2007, Chairman Arlen Spec- Anthony Marcum ter (R-Pa.) followed Sen.
    [Show full text]
  • Washington Tax News
    WASHINGTON TAX NEWS Potomac Law Tax Newsletter—April 2017 Susan Rogers Congress and the White House continue to manage a full legislative agenda including health care reform, budget deadlines, tax reform, House and Senate intelligence committee hearings on Russian involvement in the 2016 election, Congress faces an April 28th and confirmation of a Supreme Court nominee. deadline for reaching a funding The current Continuing Resolution (CR) expires on April 28th, and Congress will deal for the Federal have to address extension of the CR which funds the government at current government for the rest of FY spending levels or risk a partial government shutdown. Congress will be on 2017 with a two week recess recess for 2 weeks prior to this deadline, returning to work on April 24th. In the scheduled this month. Senate past, members of the House Freedom Caucus have supported adding policy riders to the bill to secure their support of the CR with the result that House Majority Leader McConnell has leadership has often looked to support from some Democrats to replace votes said that he is “very confident” from conservatives. Congress will avoid a The White House has requested $1.4 billion in border wall funding (with a final government shutdown when price tag of more than $20 billion) as part of a package that increases defense the current spending law spending by $30 billion and decreases domestic spending by $18 billion with a expires in late April. plan to attach this to the CR legislation. House Minority Leader Pelosi has stated that Democrats will not support the funding legislation if controversial riders are Susan Rogers added such as funding the border wall between Mexico and the US.
    [Show full text]