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Trump Cabinet Nominees Obstructed; Will Senate Dems Filibuster Trump's Supreme Court Nominee?

Law Professors and Lawyers for Trump/Pence

In 2018 Midterm Elections, Trump Voters Will Make Senate Democrats Pay a High Price for Confirmation Obstruction-- Particularly for a Supreme Court Filibuster.

Senate Democrats will pay a high price in the 2018 midterm elections for continued obstruction particularly if they attempt a filibuster of President Trump’s Supreme Court nominee.”
— Victor Williams, Chair of Law Professors & Lawyers for Trump
BETHESDA, MARYLAND, USA, January 31, 2017 / -- In an unprecedented break with our constitutional order and Senate tradition, Democrats have slow-walked Donald Trump’s exceptionally well qualified cabinet nominees. The Senate has yet to confirm nominees for Secretary of State, Attorney General, Treasury Secretary, Commerce Secretary, Labor Secretary, Energy Secretary, or Interior Secretary. Other nominations are also being purposely slow-walked. Democrats are thus obstructing the presidential transition.

Representing a group of pro-Trump law professors and lawyers, Professor Victor Williams recently sent a letter to Senate leadership urging swift confirmation action for all Trump's pending and future nominees

President Trump is now adding a U.S. Supreme Court nominee to his list of choices. Will Senate Democrats also slow-walk and obstruct a SCOTUS nominee? Will Democrats dare attempt a filibuster of Trump's SCOTUS choice?

While a Senate filibuster process is no longer allowed for executive and lower court judges confirmation votes, the filibuster -- requiring a 60-vote super majority vote end debate -- still applies to Supreme Court justice confirmation votes.

If the Senate Democrats' confirmation obstruction of Trump's cabinet nominees offers any indication, the Trump movement may be a long hard fight ahead to fill Justice Antonin Scalia's empty seat on the nine justice bench.

But today Professor Williams warns that Senate Democrats will pay a high price in the 2018 midterm elections for continued obstruction particularly if they attempt a filibuster of President Trump’s Supreme Court nominee.

Williams believes that the Democratic obstruction of Trump's cabinet nominees bears closer inspection and more public scrutiny.

President Trump entered the second week of his administration with only two department heads confirmed. Then Elaine Chou won Senate approval as Transportation Secretary bringing the total to three. It is now almost three months after the election and Obama appointees continue to govern as holdovers. The transition obstruction is unprecedented.

Williams explains that Bill Clinton had 13 department-head confirmations by the day after his January 20.1993 inauguration. Republican senators fully cooperated with Democrats to confirm seven Barack Obama cabinet nominees by his January 20, 2009 inauguration with many more Obama nominees confirmed just days afterward. The past six presidents have begun their first terms with a functioning cabinet – on average, each beginning with 10 cabinet confirmations.

In contrast, it is Obama administration holdovers who remain in charge of many executive departments and agencies across the federal government. One such Obama holdover, “acting” Attorney General Sally Yates publicly questioned the legitimacy of President Trump’s extreme-vetting executive order. Williams asserts:

“Yates could have quietly resigned rather than enforce a law with which she had strong political disagreement. Instead she publicly directed all Justice Department lawyers not to defend the law in court. Yates questioned President Trump’s motivation in implementing the law.”

"President Trump was reserved in stating that Yates had “betrayed” the Justice Department when he fired her. Worse than insubordination by sore-loser Democrat partisan, the Obama appointee’s act was close to a de facto challenge to the presidential transition."

Meanwhile, Senate Democrats continue to slow-walk Attorney General nominee Sen. Jeff Sessions’ confirmation. And Senate Finance Committee Democrats boycotted confirmation proceedings for HHS nominee Rep. Tom Price and Treasury nominee Steven Mnuchin. The boycott delayed the scheduled committee votes by denying a committee quorum.

Williams states:

“Senate Democrats’ obstruction of President Trump’s nominees conflicts with our established constitutional order. In 2017 the strongest support for speedy confirmation of Donald Trump’s judicial, administration, and regulatory appointment choices is found in the 1787 U.S. Constitution — its text, structure, and history.”

Article II, Section 2 charges the Executive alone with fulsome appointment choice while explicitly limiting the Senate’s role to a simple-majority ratification vote. Our Constitution’s Framers explicitly and purposely granted the president broad appointment discretion.

Williams has actively supported the appointment discretion of the past three presidents without regard to their political party including appointments by President Obama. He was the only law professor in the nation to file a SCOTUS amicus brief to support Obama’s recess appointment actions in the NLRB v. Noel Canning adjudication.

Williams states: “Although I have advocated for the appointment discretion of both Democratic and Republican presidents, I often personally disagreed with of their choices. Still I supported their confirmations. The Constitution’s must always trump party and ideology.”

Agreeing with “America First” positions of President Trump’s choices, Professor Williams adds that he is particularly honored to support those exceptional nominees: “Just consider the incredible talents of Rex Tillerson, Wilbur Ross, Jeff Sessions, Steven Mnuchin, James Mattis, Tom Price, Elaine Chou, Andy Pudzer, John Kelly, Ryan Zinke, and other nominees.”

Again Williams warns that Senate Democrats will pay a high political price in the 2018 midterm election for a continued pattern of confirmation obstruction. Several Democrats up for reelection are from states that Trump solidly won.

The Trump movement will be watching to see how quickly the Senate confirms President Trump’s Supreme Court choice and his future nominees to fill over 100 empty lower federal court benches, other top executive posts, and independent regulatory agencies.

Even an attempted Democrat filibuster of Donald Trump's Supreme Court nominee will quickly become the centerpiece of 2018 Senate elections.

Longtime Washington, D.C. attorney and law professor Victor Williams was an early primary supporter of Donald Trump. (His support included mounting a disruptive legal action against Ted Cruz.) In July 2016, Williams launched “Lawyers and Law Professors for Trump” ( for the general election. The group is now being transformed into, and re-branded as, an advocacy platform to support the Trump/Pence “America First” administration.

Victor Williams
Law Professors & Lawyers for Trump
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