In case you have not heard yet, Senate Republicans shamefully silenced Senator Elizabeth Warren during the debate on the confirmation of fellow Senator Jeff Sessions. A few news story on it are here:
www.huffingtonpost.com/…
www.politico.com/...
The grounds for what they did to Senator Warren was Senate Standing Rule 19. Here is a link to the full rule:
www.rules.senate.gov/…
It is clause 4 of this rule which I believe may have given the Democrats a chance to take control of the US Senate floor. Clause 4 of Senate Rule 19 states:
4. If any Senator, in speaking or otherwise, in the opinion of the Presiding Officer transgress the rules of the Senate the Presiding Officer shall, either on his own motion or at the request of any other Senator, call him to order; and when a Senator shall be called to order he shall take his seat, and may not proceed without leave of the Senate, which, if granted, shall be upon motion that he be allowed to proceed in order, which motion shall be determined without debate. Any Senator directed by the Presiding Officer to take his seat, and any Senator requesting the Presiding Officer to require a Senator to take his seat, may appeal from the ruling of the Chair, which appeal shall be open to debate.
It is the last sentence that I believe may have given the Democrats their opportunity. “Any Senator directed by the Presiding Officer to take his seat, and any Senator requesting the Presiding Officer to require a Senator to take his seat, may appeal from the ruling of the Chair, which appeal shall be open to debate.”
Since this “ruling” is “open to debate” I submit the Democrats could of begun a filibuster-of-sorts and debated the issue until cloture was invoked. Since Harry Reid’s “nuclear option” only applies to cabinet appointees and federal judges (not SCOTUS) the debate could only be ended with the standard 60 votes.
Maybe some other rule covers debate of rulings of the chair and maybe I am incorrect. I would like to know what others think or know on this topic.
However, if such a ruling is open to unlimited debate unless cloture is invoked I suggest another Democrat get up and read Senator Warren’s material, get charged under Rule 19 and have the debate to tie up Senator Sessions nomination.