I am resorting to a bit of a nuclear option myself, day twenty-two

[usregimechange]

07/19/2010

Office of U.S. Senator Claire McCaskill
United States Senate
Hart Senate Office Building, Ste. 717
Washington, D.C. 20510



Senator McCaskill:

Eight months ago today Jane Branstetter Stranch, a nominee to the 6th US Circuit Court of Appeals, was approved out of committee on a bipartisan vote. The full Senate is yet to schedule a vote, the Majority leader yet to file for cloture, and no explanation has been given for why this qualified and noncontroversial nominee has not received an up or down vote.

This is my 22nd correspondence with you regarding this matter. I have pledged to write to you and Senator Reid each weekday until this nominee receives an up or down vote. I would appreciate your assistance and hope you will urge your colleagues to act and avoid any further damage to our system of justice.

Sincerely,


snip




cc: Senator Reid

[Foo Fighter]

1. Have you received any responses (other than canned ones, of course)

to your previous inquiries on the matter?

[usregimechange]

2. one form letter, so nothing

[BzaDem]

3. Unfortunately, it isn't just one cloture vote that is required.

You first need to file a motion to proceed. You then need to file a cloture motion on that motion to proceed. This motion is ignored for one full day on which the Senate conducts business. On the second day after it is filed, the cloture motion is voted on. There can then be up to 30 hours of post-cloture debate, after which a final vote can occur without further debate.

Then, the entire process starts again on the nomination. One must file cloture on the nomination, vote on the cloture motion, wait until the second day, then wait another 30 hours of post-cloture debate, and then have a final vote.

In summary, it takes about a week PER NOMINEE. There are at least 46 pending judicial nominations, and many more pending executive nominations. There are very few legislative weeks left for the current Congress.

The truth is, it takes unanimous consent to vote on most nominations (to avoid a week long parade of motions per nominee which blocks everything else).