Title : The Chief Justice may have to decide whether to break a 50-50 tie on the issue of having witnesses testify at the Senate trial.
link : The Chief Justice may have to decide whether to break a 50-50 tie on the issue of having witnesses testify at the Senate trial.
The Chief Justice may have to decide whether to break a 50-50 tie on the issue of having witnesses testify at the Senate trial.
I'm reading "Senate and John Roberts face possibility of epic tie on witnesses" (Politico) and wondering which way the Chief would go.Must a tie be broken? No. Under the Senate's rules, nothing happens if there is no vote in favor of it. The Republicans win if the Democrats fail to amass 51 votes.
For weeks, Republicans and Democrats alike have been confident that Roberts would not break a tie vote during Trump’s impeachment trial, citing past precedent, the Constitution and their own gut feelings about how it would play in a polarized nation....That is, if Roberts wants the Democratic side to win, he could activate himself and vote. But if he wants to remain neutral OR if he wants the GOP side to win, he can can maintain the posture of restraint.
Some Democrats are beginning to opine that Roberts could save the Senate from itself and force consideration of witnesses if there's a tie. As Sen. Jon Tester (D-Mont.) put it: “If he wants a fair, impartial trial and get the evidence out, I think there’s a fair shot he would vote for witnesses.”...
Yet the smart money is still on Roberts staying out of it, or GOP leaders muscling through a 51-49 vote that avoids placing responsibility for the course of the trial on Roberts....What's the motivation to help Roberts? Consider this question from the perspective of the 3 GOP Senators who are still considering voting with the Democrats.
I don't think a tie will happen. The Democrats need all 3 — Mitt Romney, Susan Collins, and Lisa Murkowski — just to get to the tie. Cory Gardner, the Colorado Republican, who's up for reelection this year, has already joined forces with his fellow Republicans. There's also Lamar Alexander, the Tennessee Republican who is leaving the Senate when his term expires after the 2020 elections. There's some talk of Rob Portman (who is not up for reelection this year).
I wonder if any of those Senators would vote based on a desire to keep Roberts out of the decision. One Democrat — Sen. Richard Blumenthal (D-Conn.) — said it "would be a pretty daring and brave thing" for Roberts to break the tie in favor of the Democrats. Blumenthal opines that "history would judge him well." That kind of enthusiasm makes it harder for Roberts to vote with them, so I infer that they all know, that's not going to happen.
Meanwhile, there are some Democrats who might vote with the Republicans on acquittal, Politico reports:
Democratic Sens. Joe Manchin of West Virginia, Kyrsten Sinema of Arizona and Doug Jones of Alabama are undecided on whether to vote to remove the president from office and are “struggling” over where to land, said Manchin....Some of that feels a bit like The Theater of the Open Mind. The rest of it seems like practical awareness of the state they are representing.
“I know it’s hard to believe that. But I really am [undecided]. But I have not made a final decision. Every day, I hear something, I think ‘this is compelling, that’s compelling,’” Manchin said in an interview. “Everyone’s struggling a little bit.”...
Sen. Jon Tester of Montana is one and said he’s “absolutely open to being swayed.” Sen. Gary Peters of Michigan, the only other Democrat up in a Trump-held state this year other than Jones, also said he is undecided.
Breaking with party leaders is becoming increasingly rare on big questions like impeachment and critical confirmation fights. In the House, there were three divergent Democratic votes on impeachment: Golden’s split, a “present” vote from presidential candidate Tulsi Gabbard (D-Hawaii) and Minnesota Rep. Collin Peterson’s rejection of both articles....Yeah, why doesn't Amy Klobuchar make a big move and become the Tulsi Gabbard of the Senate?
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