Five Points Episode 3 – Nominations Politics

In this episode, I discuss the congressional politics of the court vacancy. Here are the relevant links from each point. Point #1- There’s no chance a Justice won’t be confirmed if there are 50 votes for the justice. You almost certainly can’t stop this procedurally if you are the Democrats. James Wallner discussing the procedures for confirming […]

In
this episode, I discuss the congressional politics of the court vacancy. Here
are the relevant links from each point.

Point #1- There’s no
chance a Justice won’t be confirmed if there are 50 votes for the justice. You almost
certainly can’t stop this procedurally if you are the Democrats.

James Wallner discussing the procedures
for confirming a judicial nomination.

My tweetstorm on the Senate
rules regarding the requirement
of holding an impeachment trial.

My tweetstorm
on the problems
with denying a quorum.

My
tweetstorm on shaping
understandings rather than preventing actions.

Point #2 – And there’s
almost certainly going to be 50 votes. Electorally
vulnerable Senators just aren’t going to break with the party here.

My old post on how opinion
polls about policy don’t translate to votes.

Point
#3 – Parties don’t simply have a goal of maximizing their seats in Congress.

Anthony Downs’ theory of
party competition.

Point
#4 – Hardball politics is both new and not new.

Josh Chafetz’s on unprecedented
things in judicial nominations.

Me on hardball politics and what’s
new
and not new.

Mark Tushnet
on Constitutional
hardball.

Francis
Lee on insecure
majorities and party competition.

Matt
Green on hardball politics in Congress,
then and now.

The Washington Post Op-ed from seven freshmen
Democrats.

Point #5 – Democratic
hardball retaliation is not a certainty.

Ezra Klein and Matt Yglesias recent
podcast on the changing Senate.

Joseph
Fishkin and David Pozen on asymmetric
constitutional hardball.

Me on constitutional
hardball and statehood.