Posted on Jan 2, 2017
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Merrick Garland can still be appointed to the Supreme Court tomorrow.
The senators who were elected or reelected this November take their oaths as soon as their old terms or the terms of the people they succeed are over. This occurs at noon tomorrow.
In between the time where the old senators' terms finish, and the new/reelected senators' terms begin, there is a quorum of 34 Democrats, 2 Independents who caucus with the Democrats, and 30 Republicans.
During this brief time period, the temporary Democratic majority can hold a vote to confirm Merrick Garland. Since Joe Biden is technically the "president of the senate," during this brief window of Democratic majority, he can give the authority to temporary senate majority leader Dick Durbin to hold a vote to confirm Merrick Garland.
This is absolutely legal, constitutional, and there is no way for the GOP to prevent this vote if it happens.
The GOP already played dirty by refusing to even hold hearings for Merrick Garland. The GOP should get a taste of their old medicine, and Merrick Garland should get the justice and Supreme Court position that he deserves.
The senators who were elected or reelected this November take their oaths as soon as their old terms or the terms of the people they succeed are over. This occurs at noon tomorrow.
In between the time where the old senators' terms finish, and the new/reelected senators' terms begin, there is a quorum of 34 Democrats, 2 Independents who caucus with the Democrats, and 30 Republicans.
During this brief time period, the temporary Democratic majority can hold a vote to confirm Merrick Garland. Since Joe Biden is technically the "president of the senate," during this brief window of Democratic majority, he can give the authority to temporary senate majority leader Dick Durbin to hold a vote to confirm Merrick Garland.
This is absolutely legal, constitutional, and there is no way for the GOP to prevent this vote if it happens.
The GOP already played dirty by refusing to even hold hearings for Merrick Garland. The GOP should get a taste of their old medicine, and Merrick Garland should get the justice and Supreme Court position that he deserves.
With Biden in the chair on Jan. 3, the Senate can confirm a renominated Merrick Garland. Here's...
Posted from dailykos.comPosted in these groups: 
Election 2016
Supreme Court
Donald Trump
Office of the President (POTUS)
Office of the Vice President (VPOTUS)
Election 2016 Supreme Court Donald Trump Office of the President (POTUS) Office of the Vice President (VPOTUS)
Posted 8 y ago
Responses: 17
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How is the Senate going to muster enough votes with the GOP in the majority?
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GySgt Melissa Gravila
SSG (Join to see) - thank you- I kept rereading it, and it still wasn't making sense! (My 2 cooks, 1 has pneumonia, the other had an allergic reaction to the meds) so I'm pulling some back to back 15+ hrs days, but I know I'm not THAT brain dead!!! LOL
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So when the Democrats did the same at the end of other Republican terms it was okay. Sorry the people voted against people like you.
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I doubt it will happen but no dirtier than not holding hearings on accepting him in the first place.
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Capt (Join to see)
Which has been done by both parties. Is it only dirty when it is the other party?
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SPC Kevin Ford
Capt (Join to see) - The ante was certainly increased well beyond where it ever had been historically, even during the Bush presidency. We continue our downward spiral of dysfunction.
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