Democrats quickly exploit Senate rules change to give Obama court advantage

posted at 6:01 pm on December 10, 2013 by Kevin Glass

Senate Democrats revealed their primary motivation for changing the filibuster rules today when they confirmed Obama nominee Patricia Millett to the U.S. Court of Appeals for the District of Columbia on a 56-38 vote:

Senators voted 56-38 to approve Washington lawyer Patricia Millett to join the U.S. Court of Appeals for the District of Columbia, the nation’s second most powerful court.

Both sides saw Millett’s appointment as pivotal. It will give Democratic-appointed judges a 5-4 majority over those chosen by Republican presidents for that court, which rules on the legality of White House actions and federal agency regulations.

That last part is the important part: the DC Court of Appeals has jurisdiction over regulatory and executive matters. The last few years have shown us that blurring the lines on exactly what constitutes regulatory and executive authority has been a key tool of the Obama Administration.

Remember the controversial measure not to enforce DOMA? The legality of that maneuver would be up to the D.C. Court of Appeals. Same goes for his executive order on the DREAM Act, and his ability to unilaterally “delay” the Obamacare employer mandate. If Obama wanted to issue an executive order that would be a workaround way to raise the minimum wage without going to Congress, that would also fall to the D.C. Court of Appeals.

That’s an incredibly important judicial seat now being controlled by Democrats. Now, it might be the case that Patricia Millett will be a fair and down-the-middle type of judge, but that’s an unlikely outcome in the Obama era. The partisan transformation of the judiciary that began with Democrats’ demonization of Robert Bork has continued apace, and it’s unlikely now that there will be many justices who vote against the person who nominated them.

This is the main reason why Democrats changed the nominating rules: to give President Obama an advantage on “executive orders” that are legislative workarounds so that he doesn’t actually have to compromise on anything.


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The first step to a Chavez-like presidency for Barack Obama.

stefano1 on December 10, 2013 at 6:05 PM

Three more years. God help us.

KCB on December 10, 2013 at 6:06 PM

Time to impeach

gophergirl on December 10, 2013 at 6:07 PM

Can a vote to impeach his majesty be a simple majority?

Galt2009 on December 10, 2013 at 6:07 PM

Those Dems pictured there are servile toadies, reprehensible sell-outs.

anotherJoe on December 10, 2013 at 6:08 PM

gophergirl on December 10, 2013 at 6:07 PM

GMTA

Galt2009 on December 10, 2013 at 6:08 PM

Those Dems pictured there are servile toadies, reprehensible sell-outs.

anotherJoe on December 10, 2013 at 6:08 PM

And those are their good points.

Galt2009 on December 10, 2013 at 6:10 PM

It will likely put the kibosh on many lawsuits that will be flowing when this enemy from within leaves office too.

There are no longer laws in our nation. There are statutes that apply to some and not others.

DanMan on December 10, 2013 at 6:10 PM

*sigh*

22044 on December 10, 2013 at 6:10 PM

Three more years. God help us.

KCB on December 10, 2013 at 6:06 PM

Three more years for Obama, but a lifetime for these loony liberal judges he’s appointing.

God help us, indeed.

AZCoyote on December 10, 2013 at 6:11 PM

Time to impeach

Better happen January 2015. Simple majority.

DanMan on December 10, 2013 at 6:11 PM

This is what you get when you cower to the fringe element of your party. Imagine if the GOP had allowed Obama to get through some of his non controversial nominees. Reid would not have suspended the rules.

loveofcountry on December 10, 2013 at 6:12 PM

Good thing the Republicans didn’t do this in 2002, so that the Democrats would have the opportunity to fill all of the vacancies instead!

besser tot als rot on December 10, 2013 at 6:13 PM

This is what you get when you cower to the fringe element of your party. Imagine if the GOP had allowed Obama to get through some of his non controversial nominees. Reid would not have suspended the rules.

loveofcountry on December 10, 2013 at 6:12 PM

Exactly right. If the Republicans had just given the Democrats what they wanted, the Democrats wouldn’t have had to change the rules to get what they wanted. True. So true. We should just do away with this whole opposition party thing, once and for all.

besser tot als rot on December 10, 2013 at 6:15 PM

We’re not going to be able to turn this country around via the ballot box, are we?

Aitch748 on December 10, 2013 at 6:15 PM

The first step to a Chavez-like presidency for Barack Obama.

stefano1 on December 10, 2013 at 6:05 PM

This is nowhere near the first step. Maybe the thousandth step.

besser tot als rot on December 10, 2013 at 6:16 PM

We’re not going to be able to turn this country around via the ballot box, are we?

Aitch748 on December 10, 2013 at 6:15 PM

We can but the GOP is going to have to play dirtier than the dems in order to do it.

This isn’t amateur hour anymore.

gophergirl on December 10, 2013 at 6:17 PM

loveofcountry on December 10, 2013 at 6:12 PM

Facts are not on your side, Zeke. Nearly all of Obama’s other judges have been confirmed.

22044 on December 10, 2013 at 6:18 PM

This is what you get when you cower to the fringe element of your party. Imagine if the GOP had allowed Obama to get through some of his non controversial nominees. Reid would not have suspended the rules.

loveofcountry on December 10, 2013 at 6:12 PM

Care to pull the proof of that out of your azz so the rest of us can see it too?

antipc on December 10, 2013 at 6:19 PM

Does this mean he could write an executive order that states presidents can serve more than two terms and get away with it? Or that a presidential term can be five or ten or fifty years instead of four?

jedijson on December 10, 2013 at 6:19 PM

loveofcountry on December 10, 2013 at 6:12 PM

Say that’s great!!

When are you moving there?

BigWyo on December 10, 2013 at 6:21 PM

This is what you get when you cower to the fringe element of your party. Imagine if the GOP had allowed Obama to get through some of his non controversial nominees. Reid would not have suspended the rules.

loveofcountry on December 10, 2013 at 6:12 PM

Good deal. So you just allow your pimp to do whatever and then he won’t be forced to beat your ass.

arnold ziffel on December 10, 2013 at 6:22 PM

We’re not going to be able to turn this country around via the ballot box, are we?

Aitch748 on December 10, 2013 at 6:15 PM

Nope. The US is going to collapse. It’s inevitable and has been since 2012. Really, the writing was on the wall after 2010 but 2012 should have put any doubts remaining to rest.

Now that the Democrats have established the beginnings of outright authoritarian rule things will spiral out of control faster and faster. Look to Greece and Venezuela as examples of where we’re heading, and also as examples of when we can expect the people to go into the streets (hint: Never).

Doomberg on December 10, 2013 at 6:22 PM

The founding fathers put the SECOND AMENDMENT in place for when government starts to enact, enforce and implement illegal and UN-constitutional laws.

TX-96 on December 10, 2013 at 6:26 PM

The partisan transformation of the judiciary that began with Democrats’ demonization of Robert Bork has continued apace, and it’s unlikely now that there will be many justices who vote against the person who nominated them.

And the Stupid Party helps enable it, by deals like Lindsay Graham’s “Gand of Eight” deal thad killed Miguel Estrada’s nomination during Bush43′s term.

Wethal on December 10, 2013 at 6:27 PM

Can a vote to impeach his majesty be a simple majority?

Galt2009 on December 10, 2013 at 6:07 PM

Impeach by majority in the House. But conviction in the Senate requires two-thirds of those present.

I believe that it ought to be done, but he’d never be convicted. And because too many American adults don’t understand what’s going on in this country, House Republicans might get destroyed in the immediately following election because they couldn’t deal with impeaching the country’s first black president, which would reverse the erasure of so much white guilt that occurred in 2008 and 2012.

BuckeyeSam on December 10, 2013 at 6:27 PM

This isn’t amateur hour anymore.

gophergirl on December 10, 2013 at 6:17 PM

Understatement.

bernzright777 on December 10, 2013 at 6:29 PM

Say that’s great!!

When are you moving there?

BigWyo on December 10, 2013 at 6:21 PM

I actually live a few minutes from the Hill. Connecticut Avenue NW.

That said, elections do have consequences. You want to pass laws that favor you, WIN ELECTIONS!!!

loveofcountry on December 10, 2013 at 6:30 PM

This is the main reason why Democrats changed the nominating rules: to give President Obama an advantage on “executive orders” that are legislative workarounds so that he doesn’t actually have to compromise on anything.

No It isn’t. They are not trying to stack the deck for Obama, they are trying to head any Republican President off at the pass. And with a bonus, “You cant repeal Obama Care because everything about that law comes through this court.”

Democrats think way ahead and they are doing this to stack the deck against any Republican Administration or *gasp* a government completely controlled by Republicans. Think about trying to repeal anything against the EPA in the next ten years. Democrats will sue and it goes to the stacked deck appeals court. Game, set and match.

Johnnyreb on December 10, 2013 at 6:31 PM

And the Stupid Party helps enable it, by deals like Lindsay Graham’s “Gand of Eight” deal thad killed Miguel Estrada’s nomination during Bush43′s term.

Wethal on December 10, 2013 at 6:27 PM

They aren’t stupid. They’re actively malicious and play dumb in public. They’re a potemkin opposition party in the same way Iran’s “opposition parties” are. They’re there for show and to keep the masses quiet.

Doomberg on December 10, 2013 at 6:31 PM

This is why Democrats aren’t stopped by the implications of lawless executive power: case-by-case approval by courts packed with partisan judges.

David Blue on December 10, 2013 at 6:31 PM

if this court doesn’t have that much to do how much damage can they do? This seems like small potatoes, short term thinking….and just perfect timing when all the R’s need is a simple majority to impeach dear leader.
Uber uber dumbass dingy harry.he will be dethroned first.

gracie on December 10, 2013 at 6:31 PM

All witness the fundamental transformation of your beloved country from a constitutional republic to a third world tyranny.

antipc on December 10, 2013 at 6:32 PM

They aren’t stupid. They’re actively malicious and play dumb in public. They’re a potemkin opposition party in the same way Iran’s “opposition parties” are. They’re there for show and to keep the masses quiet.

Doomberg on December 10, 2013 at 6:31 PM

Exactly.

David Blue on December 10, 2013 at 6:32 PM

Does this mean he could write an executive order that states presidents can serve more than two terms and get away with it? Or that a presidential term can be five or ten or fifty years instead of four?

jedijson on December 10, 2013 at 6:19 PM

Nah, just needs an EO that the 2012 presidential election was for a life term.

besser tot als rot on December 10, 2013 at 6:32 PM

I actually live a few minutes from the Hill. Connecticut Avenue NW.

That said, elections do have consequences. You want to pass laws that favor you, WIN ELECTIONS!!!

loveofcountry on December 10, 2013 at 6:30 PM

I don’t think you understood the question.

BigWyo on December 10, 2013 at 6:35 PM

All witness the fundamental transformation of your beloved country from a constitutional republic to a third world tyranny.

antipc on December 10, 2013 at 6:32 PM

Mass non-white immigration and forced assimilation are white genocide. A country that will have a third world population might as well have a third world political system as well.

White kids being born today are part of an ethnic and racial minority. As South Africa and Zimbabwe should teach us, that works out badly for the whites.

David Blue on December 10, 2013 at 6:37 PM

I’m cool with it for now, just keep my head down in public and wear a happy face. It’s the loveofcountry douchebags who will find themselves poor, homeless, starving, and eventually shoved against a sandbag wall.

Fascist losers are always surprised when they find themselves staring at the line of shooters.

Bishop on December 10, 2013 at 6:39 PM

I’m cool with it for now, just keep my head down in public and wear a happy face.

Bishop on December 10, 2013 at 6:39 PM

For now.

David Blue on December 10, 2013 at 6:43 PM

I sincerely hope the Republicans are taking notes. I don’t want to hear the word bi-partisan, comity, or anything else that indicates compromise out of their mouths, when they win the Senate, I want to hear war and obstruction. I want to see laws being passed without a filibuster and, if the rules don’t allow it, I want to see them change them and shove the majority down the Democrats throats.

bflat879 on December 10, 2013 at 6:45 PM

Republican leadership had their chance in 2005, they cowered in fear.

Daemonocracy on December 10, 2013 at 6:46 PM

That said, elections do have consequences. You want to pass laws that favor you, WIN ELECTIONS!!!

loveofcountry on December 10, 2013 at 6:30 PM

Funny, I had no idea that each and every one of those GOP Senators who were just illegally disenfranchised had actually lost their state elections. They must be feeling really silly for showing up in DC all these years. Or you’re a moron, one of the two.

CapnObvious on December 10, 2013 at 6:47 PM

The first step to a Chavez-like presidency for Barack Obama.

stefano1 on December 10, 2013 at 6:05 PM

I always said and posted that if you wanted to see BO’s vision of America just look south to what Chavez was doing.

Dr. Frank Enstine on December 10, 2013 at 6:47 PM

All I can think about was when Obama shook hands with Chavez and accepted his book.Probably read it a thousand times.

jeffinsjvca on December 10, 2013 at 6:47 PM

OT – Marco Rubio has issued a statement opposing the new budget “deal”.

22044 on December 10, 2013 at 6:48 PM

This is what you get when you cower to the fringe element of your party. Imagine if the GOP had allowed Obama to get through some of his non controversial nominees. Reid would not have suspended the rules.

loveofcountry on December 10, 2013 at 6:12 PM

Don’t change the subject. We’re talking now about the fringe element of the Democrats.

There Goes the Neighborhood on December 10, 2013 at 6:48 PM

Maybe the GOPe Senators will finally grow some cojones.

22044 on December 10, 2013 at 6:48 PM

Exactly, for now and in public; the dolts want more government then they deserve more government. I’ve had my fill of feeling even a little bit sorry for uninformed jackasses who know more about Kardashian’s love life than the workings of their own government.

Let them suffer, die, and rot when their perfect society is created, I’ll look down and laugh.

Bishop on December 10, 2013 at 6:49 PM

All Hail King Barack the Magnificent!

GarandFan on December 10, 2013 at 6:49 PM

I’m cool with it for now, just keep my head down in public and wear a happy face. It’s the loveofcountry douchebags who will find themselves poor, homeless, starving, and eventually shoved against a sandbag wall.

Fascist losers are always surprised when they find themselves staring at the line of shooters.

Bishop on December 10, 2013 at 6:39 PM

Useful idiots quickly become useless idiots after the goal is made. All you need to see is “Fiddler on the Roof”. Yeah, I know it’s a lame reference but it fits.

Dr. Frank Enstine on December 10, 2013 at 6:50 PM

All Hail King Barack the Magnificent!

GarandFan on December 10, 2013 at 6:49 PM

One does not hail a god. One worships a god.

Dr. Frank Enstine on December 10, 2013 at 6:51 PM

Now that the Democrats have established the beginnings of outright authoritarian rule things will spiral out of control faster and faster. Look to Greece and Venezuela as examples of where we’re heading, and also as examples of when we can expect the people to go into the streets (hint: Never).

Doomberg on December 10, 2013 at 6:22 PM

I’m just waiting for the “grab your magazines and pack a lunch” text message…

PointnClick on December 10, 2013 at 6:51 PM

That said, elections do have consequences. You want to pass laws that favor you, WIN ELECTIONS!!!

loveofcountry on December 10, 2013 at 6:30 PM

IOW, the ends justifies means, right? Thanks for your deep insight. Now retire to the hypocrite ward.

antipc on December 10, 2013 at 6:52 PM

Maybe the GOPe Senators will finally grow some cojones.

22044 on December 10, 2013 at 6:48 PM

You mistakenly the repubs are on your side. They are not.

Dr. Frank Enstine on December 10, 2013 at 6:52 PM

I actually live a few minutes from the Hill. Connecticut Avenue NW.

That said, elections do have consequences. You want to pass laws that favor you, WIN ELECTIONS!!!

loveofcountry on December 10, 2013 at 6:30 PM

If all it requires is winning elections to pass laws, then the Republicans should be able to pass all the laws they want. Out of 535 members of Congress, the majority are Republican.

And yet the Republicans are treated as if they are just standing in the way and contributing nothing.

What you really mean is, the president is a Democrat, so everyone else has to do what he wants. And that is not even close to accurate. Everyone who wins an election has a stake in the government, because of who they represent.

There Goes the Neighborhood on December 10, 2013 at 6:54 PM

What goes around comes around.

myiq2xu on December 10, 2013 at 6:58 PM

I actually live a few minutes from the Hill. Connecticut Avenue NW.

That said, elections do have consequences. You want to pass laws that favor you, STEAL ELECTIONS, LIKE WE DO!!!

loveofcountry on December 10, 2013 at 6:30 PM

Fixed!

Del Dolemonte on December 10, 2013 at 6:58 PM

Half court or full court?

Oh, wait….

viking01 on December 10, 2013 at 7:05 PM

This was no surprise. Of course, the attempted overthrow of our government as we’ve known it is well underway.

Elections DO have consequences.

The best thing I can see happen is that they all attend a big celebratory dinner, drink spiked punch, go totally insane and then get run over in traffic outside the WH.

Every progressive jacka**.

avagreen on December 10, 2013 at 7:15 PM

I actually live a few minutes from the Hill. Connecticut Avenue NW.

That said, elections do have consequences. You want to pass laws that favor you, WIN ELECTIONS!!!

loveofcommies on December 10, 2013 at 6:30 PM

http://youtu.be/KwLNxcmJDrU

rottenrobbie on December 10, 2013 at 7:15 PM

Obama will eventually realize that he was merely a useful tool to get elected (through his crooked cronies from Chicago and to get the black vote for his half-black self)….so that the Soros agenda to destroy this nation could progress.

He’s way to stupid to have been used for anything else…he and Biden.

They will be thrown to the curb for the next step to take place…

avagreen on December 10, 2013 at 7:26 PM

The people that voted in those scum are total idiots and are a poster for taking a test for voting…. note…. it is NOT a right you stupid libs.

ultracon on December 10, 2013 at 7:29 PM

if this court doesn’t have that much to do how much damage can they do? This seems like small potatoes, short term thinking….and just perfect timing when all the R’s need is a simple majority to impeach dear leader.

gracie on December 10, 2013 at 6:31 PM

What do you mean, this court doesn’t have that much to do? The D.C. Circuit Court of Appeals isn’t overburdened with its caseload, but its caseload is very important. Besides, the Senate Democrats have abolished the filibuster for appointments of all lower court judges and executive branch officials, and if a Supreme Court vacancy occurs during Obama’s term, it is likely that they will abolish the filibuster for Supreme Court justices too.

J.S.K. on December 10, 2013 at 7:30 PM

No It isn’t. They are not trying to stack the deck for Obama, they are trying to head any Republican President off at the pass. And with a bonus, “You cant repeal Obama Care because everything about that law comes through this court.”

Democrats think way ahead and they are doing this to stack the deck against any Republican Administration or *gasp* a government completely controlled by Republicans. Think about trying to repeal anything against the EPA in the next ten years. Democrats will sue and it goes to the stacked deck appeals court. Game, set and match.

Johnnyreb on December 10, 2013 at 6:31 PM

You forgot the part where Mitch McConnell simply reinstates the filibuster once he becomes majority leader again.

There is no way that the GOPe is smart enough to even act that scenario out, not when they are trying to destroy the careers of Ted Cruz, Rand and Mike Lee.

Myron Falwell on December 10, 2013 at 7:36 PM

I really do wish there were an Illuminati. There are several requests I would make to rid us of this national nightmare. A girl can dream but to state out loud what I’d like to do would bring the DOJ down on my head so I’ll just dream.

neyney on December 10, 2013 at 8:39 PM

I actually live a few minutes from the Hill. Connecticut Avenue NW.

loveofcountry on December 10, 2013 at 6:30 PM

Great.

Now I’m really wondering which Democrat Toilet Bug you work for.

BigWyo on December 10, 2013 at 8:55 PM

I love that photo. If could be Boss Reid and his bodyguards.

flataffect on December 10, 2013 at 10:04 PM

Every GOP Senator plays a fiddle while America Burns.

They do almost nothing to slow Obama down in his burring down of everything good in America.

Steveangell on December 10, 2013 at 10:50 PM

Democrats think way ahead and they are doing this to stack the deck against any Republican Administration or *gasp* a government completely controlled by Republicans. Think about trying to repeal anything against the EPA in the next ten years. Democrats will sue and it goes to the stacked deck appeals court. Game, set and match.

Johnnyreb on December 10, 2013 at 6:31 PM

True, but they will also be setting precedents for future Presidents, including those of the…gasp…Republican party, to use executive power. Rules, new rules, old rules, can all be used by those who desire to exploit them. The question is the will to use them, not the rules themselves.

DublOh7 on December 10, 2013 at 11:08 PM

All you need to see is “Fiddler on the Roof”. Yeah, I know it’s a lame reference but it fits.

Dr. Frank Enstine on December 10, 2013 at 6:50 PM

Not that lame — the stories underlying the musical were written by a guy who knew the score.

Solomon Naumovich Rabinovich, better known under his pen name Sholem Aleichem (Hebrew and Yiddish: שלום־עליכם; Russian and Ukrainian: Шоло́м-Але́йхем) (March 2 [O.S. February 18] 1859 – May 13, 1916), was a leading Yiddish author and playwright from Ukraine. The musical Fiddler on the Roof, based on his stories about Tevye the Dairyman, was the first commercially successful English-language stage production about Jewish life in Eastern Europe….In 1905, as pogroms swept through southern Russia, Sholem Aleichem resettled to New York City.

AesopFan on December 11, 2013 at 12:56 AM

True, but they will also be setting precedents for future Presidents, including those of the…gasp…Republican party, to use executive power. Rules, new rules, old rules, can all be used by those who desire to exploit them. The question is the will to use them, not the rules themselves.

DublOh7 on December 10, 2013 at 11:08 PM

Not to worry, Mitch McConnell has already announced that he absolutely does not plan to play any of the cards Harry Reid just piled in his lap.

That man needs to be physically thrown out of office.

Cylor on December 11, 2013 at 9:16 AM

He’s got the whole world in his hands?

Sherman1864 on December 11, 2013 at 9:26 AM

In a sane world, McConnell would make Reid pay for that move DEARLY. But he won’t. McConnell would rather let “The One” become an imperial president than make waves. The Senate should grind to a halt…Repeat after me: Obamace/IRS harrassment/NSA snooping/Benghazi/Fast and Furious

olesparkie on December 11, 2013 at 5:09 PM