OP-ED

Silencing of Elizabeth Warren by Majority Leader Mitch McConnell

In 2013, the Senate Democrats, then in the majority, dragged the Senate out onto a slippery slope. Using a controversial procedural ploy, labeled the "nuclear option," they reinterpreted the Senate's rules to restrict filibusters on presidential nominations except for the Supreme Court.

That action has already come back to bite the Democrats. Many Democrats oppose...

Democrats may be on the verge of reaping the bitter harvest of the seeds sowed in November 2013.

The then-majority Democrats used a controversial parliamentary gimmick to unilaterally reinterpret existing Senate rules. By use of the so-called "nuclear option," they established the principle that a simple majority in the Senate can overrun any rule at any time.

It is...

Sen. Ted Cruz (R-TX) has a long history of off-the-charts right-wing views. He has suggested that if Democratic nominee Hillary Clinton were to win the presidency, perhaps the Supreme Court should remain at eight justices, denying her the right to appoint a successor to Antonin Scalia who died last February.

Some conservative think tanks have begun arguing tha...

Increasingly since about 1972, voters have cast ballots for president and the Senate for members of the same party. If this pattern holds and Clinton wins, Democrats are likely to regain the majority in the Senate. Analysts rank the Senate races in eight or nine states as very competitive. In three of these — Wisconsin, Illinois and Indiana — the Democrat has a cl...

The unpredictable and nasty presidential campaign has obscured other matters which deserve our attention. On March 16, President Obama nominated Merrick Garland to fill the vacancy on the Supreme Court created by the death of Justice Antonin Scalia. When the Senate returns from its August recess on Sept. 6, the nomination will have already waited 174 days for a vo...

Justice Ruth Bader Ginsburg has unleashed a torrent of commentary in the wake of her comments about presumptive Republican nominee Donald Trump:

"I can't imagine what this place would be — I can't imagine what the country would be — with Donald Trump as our president," she said. "For the country, it could be four years. For the court, it could be — I don't even wan...

The time is right.  Perhaps filibuster reform is within reach. 

Republicans are frustrated by the Democrats’ use of the filibuster to block their desire to get bills to President Obama’s veto pen. There have been 55 cloture votes (to end filibusters) required already this year.  The Iran nuclear pact resolution, efforts to defund Planned Parenthood and all of...

In November of 2013, Senate Democrats, then in the majority, led by Sen. Harry Reid (Nev.) and goaded by the Republicans, made an historic mistake. They bowed to expediency and endorsed an interpretation of the Senate’s rules which would allow them to unilaterally confirm judicial nominations without minority input. They did this using what has been called “the nu...

As the Senate returns after Labor Day from its August recess, there is little sign that the “Filibuster Summer” will not become the ‘Filibuster Autumn” and perhaps even the “Filibuster Christmas.” 

Majority Leader Mitch McConnell (R-Ky.) adopted the Filibuster Summer label when Democrats made it clear they would use the filibuster to prevent the Senate from conside...

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Richard A. Arenberg

Brown University