As I understand the rules of the Senate, it requires 51 senators to be present in order to make quorum. And quorum is required in order to move forward with all Senate business, including the matter of Brett Kavanaugh’s nomination to the Supreme Court.
That being the case, McCain’s absence, though obviously regrettable, opens a political door for the Democrats. I don’t mean to be cavalier or grossly political, but politics is the business of power and opportunity and without Senator McCain, the Republicans cannot make quorum on their own. Vice President Pence can cast a tie-breaking vote but he cannot make quorum. And without quorum, the nomination is stalled.
In my mind, the path is now clear for the Democratic leadership in the Senate: hold the line on quorum until after the November 6 midterm election. It presents the risk of seeming obstructionist (quite frankly because it is obstructionist) and some of the Democratic senators standing for re-election in states that lean Republican (Joe Manchin in West Virginia; Joe Donnelly in Indiana; Heidi Heitkamp in North Dakota) may find the strategy problematic and risky. But for each of those senators there are some facing re-election in competitive states (Claire McCaskill in Missouri; Bill Nelson in Florida; and Jon Tester in Montana) who could benefit. All of them can claim to be taking action to hold the line against Trump corruption and a Supreme Court nominee determined to support presidential power even in a circumstance where the president is an unstable, corrupt, tyrant.
In my mind, the path is now clear for the Democratic leadership in the Senate: hold the line on quorum until after the November 6 midterm election. It presents the risk of seeming obstructionist (quite frankly because it is obstructionist) and some of the Democratic senators standing for re-election in states that lean Republican (Joe Manchin in West Virginia; Joe Donnelly in Indiana; Heidi Heitkamp in North Dakota) may find the strategy problematic and risky. But for each of those senators there are some facing re-election in competitive states (Claire McCaskill in Missouri; Bill Nelson in Florida; and Jon Tester in Montana) who could benefit. All of them can claim to be taking action to hold the line against Trump corruption and a Supreme Court nominee determined to support presidential power even in a circumstance where the president is an unstable, corrupt, tyrant.
As I see it, we are in the political battle of our generation and all strategies and tactics must be on the table. So I am calling on the Democratic leadership to take the risk and lead. This is your move, Senator Schumer, and I’d like to see you be decisive.
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