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	<title>
	Comments on: A hold-up of SEC nominees	</title>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335460</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Mon, 18 Apr 2016 22:01:57 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=58660#comment-335460</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335375&quot;&gt;Bill H&lt;/a&gt;.

I guess it is similar in that the Republicans are holding up a vote for a nominee.  However, in this case, they actually had a hearing.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335375">Bill H</a>.</p>
<p>I guess it is similar in that the Republicans are holding up a vote for a nominee.  However, in this case, they actually had a hearing.</p>
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		<title>
		By: David C		</title>
		<link>https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335378</link>

		<dc:creator><![CDATA[David C]]></dc:creator>
		<pubDate>Sat, 16 Apr 2016 16:37:40 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335365&quot;&gt;Allan&lt;/a&gt;.

&quot;Since Republicans are the majority, could they just not use their majority to send the nominees to the floor?&quot;

Technically yes, practically no.  It wouldn&#039;t ever come to a floor vote, because the Democrats would use the filibuster power.  I mean, technically they could use the &quot;nuclear option&quot; and abolish the filibuster rules, but I doubt the Republicans would do that to pass Obama appointees.

Appointments only need a simple majority in the Senate.  If the Republicans are in the majority and support the candidates, the only way the Democrats could block them is to use procedural stuff like the filibuster to prevent the vote.  And if they prevent a vote - whether by filibustering, threatening to filibuster, or using whatever other processes the Senate might have for a vote to be blocked without a majority - then yes, that&#039;s pretty much the same as not holding a vote on a Supreme Court nomination.

And the SEC is down to 3 out of its 5 members.  It&#039;s in much greater danger of being unable to function than the Supreme Court which is at 8 of 9.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335365">Allan</a>.</p>
<p>&#8220;Since Republicans are the majority, could they just not use their majority to send the nominees to the floor?&#8221;</p>
<p>Technically yes, practically no.  It wouldn&#8217;t ever come to a floor vote, because the Democrats would use the filibuster power.  I mean, technically they could use the &#8220;nuclear option&#8221; and abolish the filibuster rules, but I doubt the Republicans would do that to pass Obama appointees.</p>
<p>Appointments only need a simple majority in the Senate.  If the Republicans are in the majority and support the candidates, the only way the Democrats could block them is to use procedural stuff like the filibuster to prevent the vote.  And if they prevent a vote &#8211; whether by filibustering, threatening to filibuster, or using whatever other processes the Senate might have for a vote to be blocked without a majority &#8211; then yes, that&#8217;s pretty much the same as not holding a vote on a Supreme Court nomination.</p>
<p>And the SEC is down to 3 out of its 5 members.  It&#8217;s in much greater danger of being unable to function than the Supreme Court which is at 8 of 9.</p>
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		<title>
		By: Bill H		</title>
		<link>https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335375</link>

		<dc:creator><![CDATA[Bill H]]></dc:creator>
		<pubDate>Sat, 16 Apr 2016 13:03:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=58660#comment-335375</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335365&quot;&gt;Allan&lt;/a&gt;.

It can absolutely be compared. It all falls under the advise and consent powers that the Senate alone holds. The Senate can say no for any reason, or no reason at all. A name can be sent to the floor or it can be withdrawn if not held in abeyance.There is no duty or requirement to hold a vote. Obama, acting under his powers to send any nominee he wishes is the one obligated to convince the Senate to vote in favor. 

All that said, yes, the Republicans could force an up-or-down vote. They&#039;ve decided they don&#039;t want to. I don&#039;t know the reason why. It might have something to do with that smarmy demand from Schumer.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335365">Allan</a>.</p>
<p>It can absolutely be compared. It all falls under the advise and consent powers that the Senate alone holds. The Senate can say no for any reason, or no reason at all. A name can be sent to the floor or it can be withdrawn if not held in abeyance.There is no duty or requirement to hold a vote. Obama, acting under his powers to send any nominee he wishes is the one obligated to convince the Senate to vote in favor. </p>
<p>All that said, yes, the Republicans could force an up-or-down vote. They&#8217;ve decided they don&#8217;t want to. I don&#8217;t know the reason why. It might have something to do with that smarmy demand from Schumer.</p>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2016/04/hold-sec-nominees/comment-page-1/#comment-335365</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Fri, 15 Apr 2016 19:20:11 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=58660#comment-335365</guid>

					<description><![CDATA[Democrats said they would vote against the nominees.  Facing that, the Republican-majority committee decided not to have a vote.  I am not sure that this can in any way be compared the decision not to hold a hearing on a Supreme Court nominee. Since Republicans are the majority, could they just not use their majority to send the nominees to the floor?

Of course, the reason for voting &quot;no&quot; is questionable.]]></description>
			<content:encoded><![CDATA[<p>Democrats said they would vote against the nominees.  Facing that, the Republican-majority committee decided not to have a vote.  I am not sure that this can in any way be compared the decision not to hold a hearing on a Supreme Court nominee. Since Republicans are the majority, could they just not use their majority to send the nominees to the floor?</p>
<p>Of course, the reason for voting &#8220;no&#8221; is questionable.</p>
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