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Subscribe to RSSWith the Senate falling short Thursday of the 60 votes needed to move to a confirmation vote on defense secretary nominee Chuck Hagel, Majority Leader Harry Reid was correct in claiming that never before had the Senate had a cloture vote on a nominee to run the Defense Department.
Related: The Valentine's Day filibuster
But it’s not unprecedented for the Senate to have cloture votes on other presidential nominations – from ambassadors to judges.
The Senate changed its rules in 1949 to allow cloture motions on nominations, but cloture wasn’t sought on a nomination until 1968. From that year until March of 2012 cloture was sought on 99 nominations, including some well-known nominees:
- Abe Fortas to be chief justice in 1968
- William Rehnquist to be an associate justice of the Supreme Court in 1971 and to be chief justice in 1986
- John Bolton to be ambassador the United Nations in 2005
- Ben Bernanke to be chairman of the Federal Reserve in 2010
- Richard Cordray to be head of the Consumer Financial Protection Bureau in 2012.
But not in every case of a cloture vote is there a prolonged debate on the nomination which ties up the Senate for days – in fact, in most cases there isn’t.
A cloture vote, if successful, allows a final up-or-down vote on confirming the nominee, after up to 30 more hours of debate. For confirmation, a simple majority is usually, but not always, all that is needed.
The decision to seek a cloture vote is in the majority leader’s hands and he can time cloture votes not merely to push forward a nomination and get a vacancy filled, but to paint the nominee’s opponents as obstructionists.
Reid and previous Senate leaders have used cloture votes to drive political messages and to generate enthusiasm among their party’s base.
Case in point: Miguel Estrada, President George W. Bush’s nominee to the federal appeals court in the District of Columbia. Senate Majority Leader Bill Frist insisted on seven separate votes on cloture on the Estrada nomination in 2003.
MSNBC Analyst and former Chair of the RNC Michael Steele, editorial writer for The Washington Post Ruth Marcus, and NBC's Capitol Hill Correspondent Kelly O'Donnell join to talk about the Hagel confirmation, Sen. Ted Cruz and Sen. Elizabeth Warren.
Each of them failed, but they hammered home that Reid and the Democrats were blocking a nominee whom Republicans thought was amply qualified and who happened to be a Latino immigrant.
“This is a dark moment, I believe, in the history of the United States Senate,” Frist said after the final vote on Estrada failed and the nominee withdrew.
Senators, Frist said “have been denied a very, very basic right” to vote on the nominee and “Miguel Estrada has been denied the opportunity to be considered by this body by a single up-or-down vote, whereby individual colleagues could vote either for or against a brilliant, a qualified nominee, all because of the obstruction of a few.”
More than a few: 43 Democrats, including Reid, voted against cloture on Estrada.
After Reid filed the cloture motion on Wednesday, Republicans denied that they really were stalling Hagel’s confirmation by a filibuster.
“What we are doing is not a filibuster,” Sen. Jim Inhofe, R- Okla., said Wednesday on the Senate floor. “We are seeking a 60 vote threshold for a controversial nomination. If the majority really wanted to move forward quickly, all they have to do is agree to a 60-vote margin, like they did with the (Kathleen) Sebelius and (John) Bryson nominations.”
When President Obama nominated Sebelius to head the Department of Health and Human Services in 2009, Republicans and anti-abortion groups delayed her confirmation, partly due to her understating the amount of campaign contributions she had received from a Kansas abortion doctor, Dr. George Tiller, and partly due to her veto, as Kansas governor, of a bill to impose new limits on abortion providers.
In the negotiations over Sebelius, Reid and Senate Republican Leader Mitch McConnell agreed to 60-vote threshold on confirmation – a procedure they could use in Hagel’s case as well.
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Inhofe contended that, “A 60-vote margin is not a filibuster. We are merely saying the Senate is entitled to this information” -- on speeches that Hagel had given in the past few years.
The term “filibuster” evokes images of actor Jimmy Stewart holding the Senate floor until he collapses from exhaustion in the film Mr. Smith Goes to Washington. And there have been famous single-senator filibusters: Sen. Strom Thurmond holds the record of 24 hours and 18 minutes in opposition to a civil rights bill in 1957.
But by the time the Senate voted on cloture Thursday there had been only two days of intermittent floor debate on Hagel’s nomination – with discussion of the defense secretary nominee interspersed with unrelated speeches on global climate change, the Keystone XL Pipeline, kidney transplants, whether certain sites in Plaquemines Parish, La. should be units of the National Park System and various other topics.
Whether those two days of intermittent debate were or weren’t a filibuster, congressional expert Sarah Binder who teaches political science at George Washington University said the Hagel debate “represents a significant change in the Senate's practice of advice and consent. The issue here is the target of the filibuster-- an appointment to the president's ‘inner cabinet.’ My sense is that there has generally been a strong degree of deference to the president over his appointments to the executive branch-- particularly over the choice of his top appointments to State, Treasury, Justice, and Defense.”
Kevin Lamarque / Reuters
Former Sen. Chuck Hagel, R-Neb., testifies before the Senate Armed Services Committee to be Defense Secretary, on Capitol Hill, Jan. 31, 2013.
Binder said, “I don't think we should be surprised to find partisan polarization seeping over into these top confirmation battles. Partisanship has spread almost everywhere else in the Senate.”
In the past filibusters and cloture votes were not always an essential part of delaying a nominee.
In the case of John Tower’s nomination to be defense secretary in 1989, President-elect George H.W. Bush announced his nomination in December of 1988, but it was not until March of 1989 that Tower was defeated – not on a cloture vote but on a confirmation vote. The vote came after six days of Senate floor debate.
Tower’s ally Sen. John McCain, R- Ariz., denounced the delay: “I have a large problem with the scenario that we won’t vote until every single allegation that comes over the transom is investigated.”
Of all people, Reid knows how effective the threat of a filibuster can be: he was Senate minority whip in 203 and 2004 when Democrats successfully blocked confirmation votes on ten Bush appeals court nominees, including Estrada.
That Democratic filibuster effort won applause from progressive groups. “For months, Senate Democrats have been heroically holding out against President Bush's nominations of extremist judges to America's most powerful courts,” Moveon.org told its supporter in 2003.
Citing Estrada’s withdrawal, Moveon.org said, “Our campaign to stop Bush's extremist nominees has been extraordinarily successful so far.” Estrada’s defeat “was a major victory -- the first time Bush has conceded defeat on any nomination.”
Now for some progressive groups, the delay in Hagel’s confirmation makes the case for changing Senate rules to further limit filibusters.
In a statement Thursday night, George Kohl, Senior Director at the Communications Workers of America, a union that contributed heavily to Democratic candidates in 2012, said, “A real Senate reform package would have made the obstructionists hold the floor and keep 41 of their colleagues with them over a holiday weekend.” Kohl added “the Republicans in the Senate remain intent on breaking new ground in Senate obstruction,” and “Senate Democrats who worked to scuttle more substantial reforms have forfeited their right to complain.”
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Finally, republicans are learning comrade obama's political tactics!!!
Which republicans would those be. The stupid ones or the really stupid ones? Did you hear about the "Friends of Hamas" joke? It's one thing for the people here to be stupid beyond belief but when it's the republicans in congress, we have a problem!
The Obama Administration used the Newtown survivors who were trotted out very quickly after that event. So when are we going to hear from the survivors of the Benghazi Consulate Massacre? The American people would like to hear what they have to say. Why is the Administration keeping them away from the media??? What is the Obama Administration trying to hide? What is Hillary trying to hide?
Actually, it's just a few of the right wing crazies who aren't paying attention.
When are we going to know the truth about the Fast & Furious Scandal? When are we going to get justice for the border patrol officer victim?
When are we going to know the truth about the Benghazi Consulate Massacre? When are we going to learn exactly what Obama was doing on that day? Why is the administration hiding the facts?? Why???
Fast and Furious, Benghazi comrade obama's transparency???
When are you going to shut up and get lost?
thats the big question.
Just when you think the Republican and Tea-party couldn't stoop any lower they prove you wrong ! The Republicans and Tea-party must be intentionally be tiring to become known as the Obstructionist of the decade ! The history books will note that President Obama has been blocked at every level by a partisan minority of the country against the will of the people who voted against the Republican and Tea-party agenda in 2012 and rejected their polices ! The Republican and Tea-party should be considered as enemies of the middle class of the United States and its voting majority ! YES ,THE REPUBLIANS AND TEA-PARTY ARE THE ENEMY OF THE UNITED STATES !
There is a reason they are the surivalists, the supremacists, the anarchists (using our 80, 90 year old parents for cover to look innocent) - they want and plan to start armageddon. Yes, Public Health Service should outlaw many of them as hazardous to our health.
95% of the evolution that has evolved from the start of filibustering occurred after Bush left office, by McConnel and his tools.
And the GOP clown car keeps rolling along.
McCain does not like Hagel because Hagel did not support him in his presidential bid. Sour Grapes... Get over it old man.
You can all thank Majaority Leader, Sen. Harry Reid for the 60 vote filibuster after he made a deal with republican Minority Leader, Mitch McConnell to keep the vote for filibusters at 60 votes instead of a preferred 51 vote due to the abuse of over 380 filibusters in the last three years....more than any other filibusters in history. The most filibusters were 100. Reid said if the abuse continued by republicans something would be done about it. He already warned of this abuse a year ago. Nothing has changed. So you ask yourself why. After the gun lobby started, we are led to believe Reid, who is highly supported by the NRA, must have received a push to support the repuublican cause. This in itself stabs us all in the back and the President also, because the work for the people will not get done. So, stop and think about it when it comes to the time congress votes on gun safety reform. 60 votes will probably be needed because the republican congress will require it. Chances are no law will pass for the lack of 60 votes. This also means, if the secquester takes place millions of jobs will take place. Especially, the workers in all our shipyards preparing our ships for readiness will be comprimised, according to current Secretaty of Defense, Panetta.
Like someone mentioned on this blog of comments, 2014 will tell the story of who gets booted out of congress. Sen. McCain and Grahm need to save face when it comes to Hagels nomination, because Veterans in the country will push for the outster of those two in the next election if they don't vote yes for Hagels appointment. As many vets as possible need to stomp Washington and demand that Congress start working or don't get paid!
I think there are two takeaways from this story. 1) the country is completely divided and the legislature has lost all it's incentive to compromise, and 2) there is a huge amount of laziness in legislators who are only willing to work in re-election and fundraising. The problem with our system is that the all the money leaves no incentive to change the campaign finance laws that are at the heart of the problem.
"Hagel delay the latest evolution in 45-year filibuster tradition"
Nooooooo ... israeli aipac finds a 45 year old loophole which to derail Hagel with
THAT is what happened and what the headline should read. this is SPIN and LYING at its best folks. You've been reading a "damage control " article designed to defray from the fact that the jews in control of the neocon GOP found a way to try to hoodwink the american public and calim that this is a new "tradition".
Hogwash and BALONEY. Lies if I may add. You people are now supposed to accept that this was a legitimate tactic by a non aipca influenced lobby. You are supposed to accept that BALANCE has returned to this issue now ...
What a brainwashed public if I ever saw one. NOBODY buys this crap anywhere else in the world execpt us. Led around by the noses by our jewish overlords and controlling us like cattle.
Are we going to do anything about it ? Or is the israeli and jewish support group going to FLAG this post as important to disagree with ? Thaqt would mean it was dangerously close to the truth wouldn't it ?
Watch how the israeli paid posters will now attack ME personally instead of my point. They will rfoam around this comment like vultures until they achieve more nagatives than positives. This is the way these morons work. Doubt me? Watch them attack. C'mon a$$wipes FLAME ON
Well here comes another of Bush's buddies from the "Skull and Bones"group from Yale.
This just one example of the shenanigans that have become routine procedure in the Senate. A sorry state of affairs when the minority is in control.
As OBAMA said, the thinking of the Senate the past few years has been that it takes 60 votes for everything. This not what the Constitution says.
Reid and the Democrats had their chance to change the rules, but wimped out once again, fearing any rule change might hurt them in the future.
Does anyone think these arrogant repubs, which have held the unemployed workers and their families hostage since the recession and continue to hold up nominations to crucial Federal Judge vacancies, hold up appointments to crucial Regulatory Agencies, such as the SEC, the Labor Relations Board, the Consumer Protection Agency, does anyone really think the repubs would hestitate to change those very rules if they should become the majority? You wimped out and blew it big time Dems, and your reason for not changing the rules is b.s. Nothing to prevent the repubs from doing it anyway if they get the majority.
When are we going to get some DEMOCRAT LEADERS TO SHOW SOME BACKBONE AND STAND UP TO THIS REPUBLICAN CRAP?
Whats the matter, afraid Ten Nugent will take a shot at you? Oh he did publicly threaten the Pres and not only walk but kept his guns as well didn't he? While other DEMOCRATS GET PRISON SENTENCES FOR MERELY STATING OPINIONS IN PUBLIC WITHOUT THREATENING ANYONE!!!!!!!!!!!!!!!
I enjoyed your post.
Nugent should be deported or shot in public for making the threats he made.
In any other country he would have been hung for treason.
obama should be hung for treason,,and hiliary..and holder
43 WHITE Presidents never had a cabinet appointee filibustered.
But Republicans have filibustered THIS President's nominee...
I wonder what is different about THIS President that the Republicans and their Southern base doesn't like?
They dont like when a black feller plays golf. It just aint right!
i enjoy golf..the fact they can teachem to play golf is a great stride
In truth, it's the super-childish behaviors of the TEA-quest-traitors who want to shut down president Obama every chance they can. They cannot believe he has accomplished so much without any assistance from the staunch arrogance and caustic attitude of the TEA-quest-traitors who will take the nation down along with the credit rating of the US. Getting rid of tax loopholes and deductions which have benefited those with money and influence should be the first action of this 113th Congress. Get registered, vote, and get out the vote! We well know the truth of the concentration of wealth in the hands of fewer and fewer people and the concentration of power in stricter, less compassionate hands. "Sweep your state Capital CLEAN....in 2014" "Sweep the House CLEAN....in 2014" "Sweep the Senate CLEAN....in 2014"
mcpain and graham cracker need to retire as they have left reality a long time ago. their wives understand the length of their lies
The death throes of the filibuster, it has been used and abused long enough...this will not go away until it does. Hope you liked wasting it... you will force the people to provide micromanagement oversight to the Congress.
Hagel filibuster - a technique used to redirect our attention from the March 1st sequestration cuts. Yep folks that's in less than two weeks.
Hagel called Iran's government, led by a radical, unelected Ayatollah, "legitimate." He couldn't explain his vote against labeling Hezbollah a terrorist organization, nor could he explain his decision not to sign a letter of support for Israel. Not to mention he was a babbling moron at the hearings.. I see NBC still has it's collective lips on Obama's butt..... useless propaganda media
Thanks to the Obama butt kissing news medial, Obama and accomplices are not held responsible for the lies and coverup at Benghazi...
Coward Obama lies and attempts to cover up the tragedy at Benghazi. What else is Coward Obama lying about..... If you are a liar, you Lies..... Thank you Joe Wilson for your accurate description of the Obama administration in just 2 words....
You tell me what else Obama is lying about. I don't watch Fox.
Here you go JimS.........
Below is a list of Obama’s documented lies so far with the most recent lies first. If you see we are missing a documented lie Submit the lie here.
Lies During Fourth Year
“The sequester is not something that I’ve proposed. It is something that Congress has proposed.”
Politifact.com
“Mitt Romney raised nursing home fees eight times.”
Politifact.com
“Mitt Romney called the Arizona law a model for the nation.”
Politifact.com
“Planned Parenthood provides mammograms”
Spero News
“We got back every dime we used to rescue the financial system”
cbsnews.com
Benghazi violence was caused by an internet video & demonstrations
State Department
“Mitt Romney Plans to fire Big Bird”
Politifact.com
“Under Gov. Romney’s definition … Donald Trump is a small business.”
politifact.com
Because of Obamacare, “over the last two years, health care premiums have gone up — it’s true — but they’ve gone up slower than any time in the last 50 years.”
politifact.com
“I think it’s important for us to understand that the Fast and Furious program was a field-initiated program begun under the previous administration”
abcnews.com
Romney and Ryan will gut pell grants for low-income college students.
Factcheck.org
My budget will cut the deficit by $4 Trillion over 10 years.
Factcheck.org
“I am told that Governor Romney’s new running mate, Paul Ryan, might be around Iowa the next few days,” he said while in Council Bluffs, Iowa. “He is one of the leaders of Congress standing in the way. So if you happen to see Congressman Ryan, tell him how important this farm bill is to Iowa and our rural communities.”
House passed bill on August 2, 2012 (Paul Ryan voted yes)
The American automobile industry has come roaring back…So now I want to say what we did with the auto industry, we can do it in manufacturing across America. Let’s make sure advanced, high-tech manufacturing jobs take root here, not in China. And that means supporting investment here. Governor Romney … invested in companies that were called ‘pioneers’ of outsourcing. I don’t want to outsource. I want to insource.
Forbes- Outsourcer-In-Chief: Obama Of General Motors
“You Didn’t Build that”
A few examples
Still there JimS ?
Lies During Third Year
I will walk on that picket line with you, if workers are denied the right to bargain.
Youtube
In his 2012 State of the Union Address, President Obama said that American oil production is the highest that it’s been in eight years.
www.breitbart.com
I’ve done more for Israel’s security than any President ever
Obama aided Islamic Extremists take over of Egypt/ Libya – Weapons pour into Gaza
Virtually every Senate Republican voted against the tax cut last week
Examiner
“Every idea that we’ve put forward are ones that traditionally have been supported by Democrats and Republicans alike.”
Like Raising taxes?
Obama met highly qualified out of work teacher Robert Baroz
He wasn’t out of work and Obama never met him.
GOP Responsible for Obama Jobs Bill Not Passing
Dems Rejected Jobs Bill
You have 80 percent of the American people who support a balanced approach. Eighty percent of the American people support an approach that includes revenues and includes cuts. So the notion that somehow the American people aren’t sold is not the problem
Gallup Poll: Only 69%
These are obligations that the United States has taken on in the past. Congress has run up the credit card, and we now have an obligation to pay our bills.
Looks like it’s been incurred mostly in the years of Obama
Jobs Bill Paid for
Seems not so much Paid for
Then you’ve got their(GOP)which is dirtier air, dirtier water, less people with health insurance
Barack Obama, campaiging in Asheville, NC, 10/17/11
I cannot guarantee that those checks go out on August 3rd if we haven’t resolved this issue. Because there may simply not be the money in the coffers to do it.
American.com
USA producing more oil than ever before
Petroleum Insights
Fence between US and Mexico is “Practically Complete”
Department of Homeland Security says 5%
Rich doesn’t pay their fair share.
National Taxpayers Union
Mitt Romney would deny gay people the right to adopt children.
Cnn Interview
You asked for this JimS
Lies During Second Year
Obama claimed the SCOTUS decision in Citizens United v. FEC, “open[ed] the floodgates for special interests — including foreign corporations — to spend without limit in our elections.
nationalreview.com
No signing statements to nullify or undermine congressional instructions as enacted into law
Obama Lies to Keep Czars
No “boots” on the ground Libya
Anyone that has worked with the AC-130 gunship can tell you, you need spotters to let aircraft know where the targets are. Usually it is Special Forces, Rangers etc trained for this mission. It’s CIA Agents in Libya on the ground
Reform will also rein in the abuse and excess that nearly brought down our financial system. It will finally bring transparency to the kinds of complex, risky transactions that helped trigger the financial crisis.
Obama Lies About Financial Reform Bill
All Americans WILL BE were, “surprised, disappointed and angry” about lockerbie bomber
Obama Memo
I will not rest until the BP Oil Spill stops
Obama’s Schedule
The health care bill will not increase the deficit by one dime.
Campaign and Presidency
If you like the health care plan you have you can keep it
TownHall
“Under our plan, no federal dollars will be used to fund abortions, and federal conscience laws will remain in place.”
U.S. Capitol, Washington, D.C., September 9, 2009.
ObamaCare Fee is not a new tax
Obama denies healthcare is a new tax on all Americans
We have run out of places in the US to drill for oil.
Obama’s oval office speech in June 2010
Now suddenly if you don’t have your papers and you took your kid out to get ice cream, you can be harassed, that’s something that could potentially happen.
Arizona Immigration Law
Doctors choose amputation because they get better compensation. Greedy Doctors taking out tonsils for more money.
Claims never documented
The Health Care Package will pay for itself
Time
Republicans don’t have a single idea that’s different from George Bush’s ideas — not one.
Hmm Immigration?
We shouldn’t Mandate the purchase of health care
Democratic Debate Lies
Obama says he’ll save average family $8,000 in gas
Video Proof
I am immediately instituting PayGo “Pay as you go”
Said during a speech immediately after the Trillion Dollar “Shovel Ready” bill.
I got the Message from Massachusetts
Daily Bail
Jim - Obama is a charlatan of the first magnitude. He is also a prevaricator without any conscience whatever.
His Rose Garden general reference to terrorism was not specific to Bhenghazi - yet he told the people it was in his 2nd debate with Romney. It as a flat out lie. Unless you want to give his lawyered-up parsing of the word terrorism at the end of his statement reason enough to absolve him.
Obama has lied about his "recovery". He has lied about the "6M jobs he created" though sleight of hand, or mouth in this instance, is more accurate. Fact: almost 8M people entered the workforce for the first time during this "jobs growth" leaving him with a net jobs lost number.
He was for the sequester before he was against it. Says it was GOP idea. Lie.
Says Bush left him with a 1.2T deficit. Lie. All the $800B in TARP money, excepting that which Obama wasted about $70B, has been repaid. Apply those payments and Bush's final deficit is about $500B.
Want more? Since day one in office he has done nothing but misrepresent the facts.
Based upon his performance before the Committee, Hagel would have trouble running an Appleby's franchise (assuming they do franchise might be corp.-owned stores only) if he owned one.
DOD? Are you kidding me?