The Senate invokes cloture on Thomas Farr's nomination to be United States District Judge for the E.D.N.C. by a vote of 51 to 50 (Pence breaking the tie and Senator Flake voting no)

Understood. Thanks. I would want Flake out, too, if I were you.

I don’t get it. There are wingnuts admiring themselves for how they are supposedly “individual thinkers” who aren’t “sheeple,” Here is someone who chose to defy the party line and you people want him to go away. You only want “independent thinkers” when they agree with you.

It Senator Burr wasn’t being a total ******* **** and insisting on this clown, Trump likely could have gotten a much better and much younger choice. But Burr is literally on a ******* crusade to get Farr into this job. Burr is the one I blame, in this instance, as Presidents generally must adhere to the choices of the senior Senators of their own parties when picking United States District Judges.

He’s gone rogue. I would want him out, too. And I’m not even saying there’s anything “wrong” with them wanting him out. But, the result of that position is a bit awkward, because essentially you are advocating for a straight up parliamentary system with block voting and absolutely zero dissent within party ranks. Democrats still have the progressives vs. old guard/blue dogs tension going on. With republicans right now it’s much simpler - “get on the Trump Train or get the ■■■■ out”

Why is that?

Gentlemen’s Agreement

That custom arose directly as a result of the custom of Senatorial Courtesy, by which a Senator could effectively veto a nomination to his own home state.

From this evening’s Senate Executive Calendar:

UNANIMOUS CONSENT AGREEMENT
Thomas Alvin Farr (Cal. No. 626)
Jonathan A. Kobes (Cal. No. 1141)
Kathleen Laura Kraninger (Cal. No. 1064)
Ordered, That following Leader remarks on Thursday, November 29, 2018, the Senate proceed to
executive session and resume consideration of the nomination of Thomas Alvin Farr, of North Carolina, to be
United States District Judge for the Eastern District of North Carolina.
Ordered further, That all time during recess, adjournment, Morning Business, and Leader remarks count
post-cloture on the Farr nomination.
Ordered further, That at 12 noon, notwithstanding Rule XXII, all post-cloture time on the Farr
nomination expire, and that if the nomination is confirmed the motion to reconsider be considered made and laid
upon the table and the President be immediately notified of the Senate’s actions.
Ordered further, That at 1:45 p.m., the Senate vote to invoke cloture on the nomination of Kathleen Laura
Kraninger, of Ohio, to be Director, Bureau of Consumer Financial Protection for a term of five years.
Ordered further, That if cloture is invoked on the nomination of Jonathan A. Kobes, of South Dakota, to
be United States Circuit Judge for the Eighth Circuit or the Kraninger nomination, that all post-cloture time be
yielded back and the Senate vote on the nominations at a time to be determined by the Majority Leader with the
Democratic Leader but not before December 4, 2018.
Ordered further, That with respect to the motions to invoke cloture on the Kobes nomination and the
Kraninger nomination, the mandatory quorums required under Rule XXII be waived. (Nov. 15, 28, 2018.)

It needs to stop.

Very unlikely, as the custom enhances each Senator’s individual power and influence.

Hasn’t McConnel done away with that… or just in cases of dem senators and their objections?

Not entirely. If a Democratic Senator negotiates in good faith with Trump over nominees, he still has latitude to at least delay consideration of a nominee to some degree.

The ability for a minority Senator to completely block a nominee has been clearly reduced, however.

The Farr nomination has been delayed due to Senator Inhofe being called out of town on a family emergency.

Senate is now holding a cloture vote on Kobes, currently deadlocked at 49 49. Flake agreed to pair off with the absent Inhofe on this, meaning he will not cast his no vote.

The Senate is now awaiting the arrival of Vice President Pence to break the tie.

Has there been a judge seated with a tie breaking vote before?

I believe so, on several occasions.

BTW, Pence just arrived and cast his tie breaking vote, so cloture is invoked on Kobes 50 to 49.

1 Like

I will take my previous reply back.

There have been several executive branch nominees confirmed on a tie breaker.

But no judicial nominees, although there was an unusual situation that required a tie breaker on a judicial nomination. Daniel Anthony Mannion had been confirmed by the Senate to be a United States Circuit Judge in July 1986, but his confirmation certificate had not yet been sent to the President. A Senator moved to reconsider the nomination and the Senate voted on the Motion to Reconsider and deadlocked at 49 to 49. Vice President G. H. W. Bush voted in the negative, which basically meant that Mannion remained confirmed and ultimately took his seat on the bench. That vote happened on July 23, 1986.

I see. Thanks safiel as always

BTW, today’s tie breaker is Pence’s 11th, putting him in sole possession of 7th place on the all time tie breaker list. However, he likely will have to cast fewer tie breakers in the next two years, due to Republicans gaining two seats in the Senate.

Typical, pull out the commie handbook to inflict race towards a Judge! So sad.

Commie Commie Commie…

Everyone is a Communist, except the precious few humans left…

I don’t get it…