Reid plots strategy to force vote on Obama nominee

Reid plots strategy to force vote on Obama nominee
© Greg Nash

 

Senate Democrats say they may try to force a vote on President Obama’s nominee to the Supreme Court with an unusual procedural tactic.

“There are many procedural things we can do,” Senate Democratic Leader Harry ReidHarry Mason ReidBattle of the billionaires drives Nevada contest Senate Democrats should stop playing politics on Kavanaugh Celebrities dive into midterms, hoping to thwart Trump MORE (Nev.) said Tuesday when asked about the possibility of using a discharge resolution to bypass Republicans.

“That’s one thing we can do. Certainly we’ve got that in our arrow quiver, to do that and other things,” Reid said.

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Senate Judiciary Committee Chairman Chuck GrassleyCharles (Chuck) Ernest GrassleyOvernight Health Care: Lawsuit challenges Arkansas Medicaid work requirements | CVS program targets high-cost drugs | Google parent invests in ObamaCare startup Oscar Archivist rejects Democrats' demand for Kavanaugh documents Kavanaugh recommended against Clinton indictment in 1998: report MORE (R-Iowa) said last week that Republicans can’t stop Reid from at least attempting the maneuver. 

“There’s nothing we can do about it. Under the rules of the United States Senate, that resolution can be offered any time,” he said at a town hall meeting in Iowa.

Reid emphasized, however, that he’s in no rush to file such a motion.

He and his Democratic colleagues want to keep the pressure on Republicans to hold hearings on the nominee, Judge Merrick Garland, believing they have the upper hand in the public relations battle.

“The obligation is for them to hold hearings and to have a vote. That’s in the Constitution,” Reid said. “Right now, we think we’re in a good place. The pressure’s on them, not on us.”

A senior Democratic aide described the discharge resolution as “a last resort.”  

But Republicans, by and large, have brushed off the pressure tactics. They argue that Reid took a different view in 2005, when Democrats were blocking then-President George W. Bush’s judicial nominees.

“The duties of the Senate are set forth in the Constitution of the United States. Nowhere in that document does it say the Senate has a duty to give presidential nominees a vote,” Reid said on the Senate floor nearly 11 years ago. “It says appointments shall be made with the advice and consent of the Senate. That is very different than saying every nominee receives a vote.” 

The discharge resolution has not been tried in recent memory, so few Senate insiders know exactly how the process would work.

Essentially, Reid or another Democrat would offer a motion to proceed to a resolution to discharge Garland’s nomination from the Judiciary Committee.

That would first require Democrats to win a simple majority vote to move into executive session. If achieved, Democrats would have to overcome a 60-vote hurdle to consider the motion to discharge, according to a senior Democratic aide.

All in all, Democrats would need to keep their ranks unified and persuade 14 Republicans to vote with them to pull Garland out of committee, an unlikely scenario.

Republicans control 54 Senate seats, and Democrats have 46. 

Yet Grassley last week implied the vote would be difficult for Republicans given Garland’s credentials and the general view that he is more moderate than other potential Democratic nominees. 

“Whenever they take this vote — whether it would be based on confirming the nomination or whether it’s based on a discharge — it’s still going to be a tough vote,” Grassley said. 

Only two Republicans, Sens. Susan CollinsSusan Margaret CollinsBudowsky: Collins, Murkowski and Kavanaugh Senate Judiciary announces Kavanaugh's confirmation hearing NRA will spend M to support Kavanaugh for Supreme Court: report MORE (Maine) and Mark KirkMark Steven KirkThis week: Trump heads to Capitol Hill Trump attending Senate GOP lunch Tuesday High stakes as Trump heads to Hill MORE (Ill.), support holding confirmation hearings for Garland, a well-regarded jurist with nearly two decades of service on the D.C. Circuit Court of Appeals.

Collins praised the nominee after meeting him Tuesday and urged her colleagues to hold a public review instead of rejecting him out of hand.

“My views are not a secret to my colleagues. I would encourage all of my colleagues to sit down with Judge Garland,” she told reporters. “I believe that that’s how the process should work and works best when we have these one-on-one meetings followed by public hearings.”  

Kirk called Garland “one of the most eminent jurists in the country” after meeting with him last week.   

But Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellHill.TV poll: Majority of Republicans say Trump best represents the values of the GOP The Hill's 12:30 Report Republican strategist: Trump is 'driven by ego' MORE’s (R-Ky.) conference has mostly held the line, arguing that the court vacancy should be left to the next president.

The number of Republican senators who supported hearings was initially four, but Sens. Lisa MurkowskiLisa Ann MurkowskiBudowsky: Collins, Murkowski and Kavanaugh Alaska fishermen worry Trump tariffs will be ‘devastating’ to seafood industry Senate Judiciary announces Kavanaugh's confirmation hearing MORE (Alaska) and Jerry MoranGerald (Jerry) MoranTougher Russia sanctions face skepticism from Senate Republicans Farm groups fear Trump aid won’t fix trade damage GOP senator: Trump said he never heard of anyone who didn’t want a payment from the government MORE (Kan.) reversed themselves after getting strong pushback from GOP leaders and conservative activists.

Rep. Mike Pompeo (R-Kan.), who may be eyeing a primary challenge against Moran, criticized him for even opening the door to hearings. 

“I have consistently said, and continue to believe, that it is hopelessly and dangerously naive for Senator Moran to expect that President Obama would appoint a believer in the appropriate judicial role and basic interpretation of the U.S. Constitution,” Pompeo said Monday in a statement.

Reid insisted Tuesday that Democrats have momentum in the fight over Garland.

“We feel we’re making progress,” he said, noting that 20 editorials have been written in Iowa criticizing Grassley’s decision not to hold hearings. 

The Des Moines Register wrote Monday that Grassley “seems just fine with stalemate,” referring to the two 4-4 ties on the Supreme Court since conservative Justice Antonin Scalia died in mid-February.

Reid added that Grassley now has a more competitive reelection race. Democrats have recruited former Iowa Lt. Gov. Patty Judge, the toughest opponent he has faced in years.

“No one thought he would have a race,” he added. “This is a real drag on the Republicans.”

Reid noted that more than a dozen Senate Republicans have agreed to meet with Garland, although most have made clear they will do so only as a courtesy.

In addition to Kirk and Collins, at least 15 other Republicans have voiced willingness to meet. They are Sens. Kelly AyotteKelly Ann AyotteNew Hampshire governor signs controversial voting bill Former Arizona senator to shepherd Supreme Court nominee through confirmation process Shut the back door to America's opioid epidemic MORE (N.H.), John BoozmanJohn Nichols BoozmanGOP senators introduce resolution endorsing ICE Lobbying world 13 GOP senators ask administration to pause separation of immigrant families MORE (Ark.), Bill Cassidy (La.), Jeff FlakeJeffrey (Jeff) Lane FlakeGOP senator: Republicans should not be 'okay' with Trump calling Omarosa a dog Senate GOP campaign arm asking Trump to endorse McSally in Arizona: report Arpaio says he misheard Sacha Baron Cohen questions MORE (Ariz.), Grassley, Orrin HatchOrrin Grant HatchTop Republicans concerned over impact of potential Trump drug rule The Hill's Morning Report — Trump to GOP: I will carry you Treasury releases proposed rules on major part of Trump tax law MORE (Utah), James InhofeJames (Jim) Mountain InhofePence announces first steps in establishing 'Space Force' EPA chief: Obama car rule rollback would save consumers 0B EPA’s Wheeler gets warmer welcome at Senate hearing MORE (Okla.), Ron JohnsonRonald (Ron) Harold JohnsonWhen it comes to drone tech, wildfire officials need the rights tools for the job GOP chairman readies Steele dossier subpoenas Republican questions CBP’s release of man wanted on murder warrant MORE (Wis.), James Lankford (Okla.), Moran, Murkowski, Rob PortmanRobert (Rob) Jones PortmanSenators introduce bill to change process to levy national security tariffs A single courageous senator can derail the Trump administration GOP senator warns against 'fishing expedition' for Kavanaugh documents MORE (Ohio), Mike Rounds (S.D.), Marco RubioMarco Antonio RubioDems make history, and other takeaways from Tuesday's primaries Establishment-backed Vukmir wins Wisconsin GOP Senate primary Florida questions Senate chairman over claim that Russians have ‘penetrated’ election systems MORE (Fla.) and Pat Toomey (Pa.).

Ayotte, Portman, Murkowski and Flake are scheduled to meet with Garland next week.

Updated at 8:08 p.m.