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The Supreme Court rejects Biden's plan to wipe away $400 billion in student loan debt (apnews.com)
submitted 3 years ago by to c/worldnews@lemmy.ml
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[–] 0 points 3 years ago (12 children)

They are not completely within their power to pack the court, sadly. They would have done so already if this were the case. They need 60 in the senate as well as a majority in the house and the presidency. Then they could.

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  • [+] 4 points 3 years ago* (last edited 2 years ago) (6 children)
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  • [–] 3 points 3 years ago* (last edited 3 years ago) (2 children)

    Technically, they don't need 60. The cloture rule is what necessitates a 3/5ths supermajority to pass bills, but the cloture rule is not itself a law and so Senators can just... change it with a simple-majority vote. This has already happened twice in the recent past: once in 2013 when the Democrat-led Senate voted to eliminate the cloture rule when nominating federal circuit judges and once more in 2017 when the Ruplican-led Senate voted to eliminate the cloture rule when nominating supreme court justices.

    FWIW: Senators tend to really hate doing this. They call it the "nuclear option" because they normally like to get a 2/3rds supermajority agreement before changing any standing Senate rules -- not to mention that the cloture rule itself is often treated as a total third-rail even among the other important Senate procedures. Combining the nuclear option and killing cloture is a massive political powderkeg waiting to explode... but maybe it should?

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  • [–] 2 points 3 years ago (1 child)

    I guess full throated fascism and authoritarianism isn't enough to consider a "nuclear option."

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  • [–] 1 point 3 years ago* (last edited 3 years ago)

    It's a shared norm. Part of the deal is an implied promise that the other guys also ignore the big red button. Really, though... that ship had already sailed years ago leaving the cloture rule to hang on by the barest of threads. I'm half-convinced that the current Senate would have already done away with it if only they had a slightly more reliable voting margin.

    IMO: cloture is a dumb rule because we already have a robust system of checks in the form of a bicameral legislature plus presidential veto. The requirement for a 2/3rd supermajority in addition to these for regular everyday business is odious and something that no other large democracy does. I'm anti-gridlock on principle alone, even if I acknowledge the absolute chaos it will probably plunge the Senate into for the next dozen years or so.

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  • [–] 3 points 3 years ago* (last edited 3 years ago) (1 child)

    I like how when Democrats are in power, they're unable to do anything...

    But when Republicans are in power, they break the law at lightning speed, do things they're not supposed to do, and nobody stops them because actually the only thing staying in their way are "rules" and "decorum" and not "laws" and yet mysteriously the Democrats are always beholden to "laws" that prevent them from doing the same. Also it seems like Democrats hands are tied at actually bringing criminal charges against Republicans because that would be "partisan."^1 Just look at how they've slow-walked Trump's prosecution and only went for it when it became clear he would never comply.

    It's a fucking farce.

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