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View Diary: Senate Prepares for Judicial Nominee Showdown--Again (125 comments)

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  •  I read that, too. (0+ / 0-)

    Why did you leave out this part?

    At Collins' suggestion, their names [Kavanaugh and Haynes], as well as those of McKeague, Griffin and Neilson, were dropped from the document.

    Why were they were dropped? Because Republicans like Graham didn't want to sign documents linking them to sinking their nominations, but understood that the nominations were dead anyway (which is the way they wanted it). Otherwise, they'd have pushed to include them in Part I(A). Instead, they agreed to reach no agreement on them.

    The assumption that he'd be treated like everyone else, even though the circumstances of his nomination at the time were entirely different from those contemplated under Part II -- where the only mention of "extraordinary circumstances" resides -- requires a redefinition of pending so radical and counterintuitive that it facially violates the plain language of Part I.

    Of course, it also violates the "spirit and continuing commitments made" in the deal, referenced in Part II(B), should we decide that applies. The Republican commitment was to oppose rules changes in the 109th Congress, but apparently they recognize no parallel commitment prohibiting the "renomination" of rejected candidates within the same Congress. Which is why Graham and his six cohorts are snake oil salesmen never to be trusted, and the interpretation of the agreement is, as you noted, all academic.

    •  I fail to understand where you get that (0+ / 0-)

      "Republicans like Graham didn't want to sign documents linking them to sinking their nominations, but understood that the nominations were dead anyway (which is the way they wanted it)."

      The article states pretty clearly that it was Reid and Schumer who wanted the nominations dead, not Graham.  If Graham wanted it dead, he would simply vote against him in committee of which he is member, thus deadlocking the committee and preventing Kavanaugh from ever reaching the floor.  (As he is planning to do with Haynes).  There is no evidence whatever that Graham does now or has ever opposed Kavanaugh.

      The only people who wanted Kavanugh and Haynes included in the document were the pro-filibuster Democrats.  They wanted their names to be included along with Saad and Myers.  they failed.  Consequently, they are not placed in the same group as Saad and Myers, and therefore are entitled to a vote absent extraordinary circumstances.

      As for "spirit and continuing commitments made," it is pretty clear that the Senators can vote for the nuclear option if they feel that the other side is not living up to the "spirit and continuing commitments made" of the agreement.

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