For all the #ConfirmACB watchers out there who are wondering about the procedure, here's the general outline so far:
1. Last night, Sen. Schumer tried to move to adjourn the Senate until after the election. Move fails (53-41)
2. Judiciary Committee reported ACB favorably today
3. Senate voted to close debate on Newman nomination. Democrats trying to force multiple votes to move the Senate from Executive to Legislative calendar; votes fail.
4. ACB nomination on executive calendar and consideration begins on Friday.
Rumor mill arguing that final confirmation vote on Barrett will be occur on Monday. For this to happen, limited time agreement will need to be agreed to. Otherwise, McConnell will be forced to go through 2 cloture votes, motion to proceed and Dems will be able to fill time.
McConnell's twitter says ACB will receive up or down vote in the next several days, but no official agreement (UC) has been reached on the floor. Senate still needs to process Newman (maximum 30 hours of post-cloture time if cloture vote succeeds shortly
If Democrats filled all debate time and forced votes on ACB at their disposal, the votes and timeline would be as follows:
McConnell calls up Barrett nomination (Friday); files cloture.
Cloture ripens 1 hour after the Senate convenes on the 2nd calendar day (Sunday).
1. Cloture vote on Motion to Proceed to Barrett (51 vote threshold)
2. 30 hours maximum time for debate
3. Motion to Proceed to Barrett (Monday/Tuesday)
4. McConnell files back-end cloture (ripens Wed/Thurs)
5. Cloture vote on nominee (51) (Thursday)
6. 30 hours maximum debate
7. Final vote (51)-(Friday/Saturday)
Now--the important thing here is that this is not counting dilatory tactics (motions to adjourn, table, etc.) and this is the maximum if Democrats hold the floor and debate the entire time. So, this is now a game of chicken.
McConnell wants to get an agreement from Schumer so that they can just get on the nomination and then file cloture one time (back-end). That will expedite the process to Monday for final confirmation.
So, Democratic Senators are faced with a choice. They can either hold the floor and force all time to be run. That would require considerable effort that many members would rather not go through relative to campaigning. They can reach an agreement with McConnell (LTA) to expedite
But either way, the members themselves, the Senators, are the only ones who can decide how long the nomination takes to finish. Political expediency says it will be over Monday. Procedural possibility says it could take more than a week. Stay tuned
Cloture invoked on Newman. Schumer arguing that Judiciary Committee violated minority quorum requirements.
Schumer makes Point of Order against Barrett nomination not be placed on Executive Calendar. Chair rules Point of Order out of order. Schumer appeals the chair. Vote now occurs on whether to sustain the Chair's ruling that the nomination was reported according to Standing Rules
Chair clarifies that the vote is not whether the Point of Order is in order, and the nomination fails to be placed on calendar, but whether to Sustain the Chair's decision to hold the Point of Order as out of order, thus upholding the rules of the Senate
*Why this matters*: The Schumer Point of Order is a procedural tactic designed to invalidate the process of Barrett's placement on the calendar (where it must be before consideration can begin, except by UC). But the vote is not on that point of order. (See next tweet)
The vote is on whether to uphold the Chair's decision to say: "Schumer's point of order is bogus because the Judiciary Committee followed the Standing Rules of the Senate." Thus, the question is whether to uphold the Rules of the Senate with respect to reporting nominees.
Members who want to sustain the rules must vote "aye" (They are supporting the chair's decision after the Chair clarified that the question was whether to support the chair rather than to affirmatively support the appeal of the decision of the Chair)
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