Thus began (after welcoming everyone) Senate Judiciary Committee chairperson Lindsey Graham on Monday morning. More conventionally, Graham would have announced that the hearing to consider the nomination of Judge Barrett to the Supreme Court would begin.
Slowing Down Senate Proceedings
While Democrats are unable to filibuster Supreme Court
nominees, they do have a variety of tools they can use to slow down proceedings
in both committee and on the floor. They include:
Withholding Consent: The Senate works on unanimous consent, meaning they assume procedures that require a vote are passed with unanimous consent. Any Senator can object and force a vote. You can read more about withholding consent in our explainer.
Quorum Roll Calls: The Senate requires a quorum to conduct
business. It is assumed that there is a quorum but Democratic Senators can
object and force a roll call.
Raising Points of Order: Senators can object at any time
when they feel a rule has been violated. Once the Presiding Officer passes
judgement on if a rule has been breached, Senators can object to the ruling and
force a vote. Democratic Senators could force votes on any number of rules to
Forcing the Senate to take up other business
Under Senate norms, the majority party has complete control
of the agenda. However, there are certain measures that could require the
Senate to take action. Through these mechanisms, Democrats could force Senate
Republicans to temporarily pause proceedings on the nomination and focus on the
Short-term funding: The House could insist on passing
further budget-related measures which the Senate would need to vote on.
War Powers Resolutions: The Senate generally has to take up
WPRs within a certain number of days or any senator, including the minority
party, can move to proceed.
Indivisible recommends voters encourage their (Democratic) senators to slow down the nomination or their (Republican) senators to reconsider filling Justice Ginsburg's seat.
But it is fairly clear that Democrats are uninterested. Democrats possess the
vain hope that people will rise up and discourage Republicans from voting to move Barrett's nomination primarily because she could prove instrumental in striking
down the pre-existing conditions clause in the Affordable Care Act, secondarily
because of her hostility to reproductive rights. In the video below, Judiciary
Committee member Amy Klobuchar, joined by other Democratic senators, gives the
game away, arguing
It's probably not going to be some brilliant
cross-examination that is going to change the trajectory of this nomination.
But there is something that will. And that is the people of this country. That
is them, voting.
According to Klobuchar (and Connecticut senator Blumenthal at
the same news conference), the answer to Justice Amy Coney Barrett is what we
already knew to do: vote.
This is not leadership. It's an abrogation of responsibility. Senate Democrats
know they have a good chance to slow down the process sufficiently to prevent
the full chamber from voting on the nomination. Prospects are not good they
will even try.