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	<title>Comments on: Judiciary Committee to Vote on Alito by September [sic] 17, Specter Hopes</title>
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	<description>The Law, the Universe, and Everything</description>
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		<title>By: Simon</title>
		<link>http://www.concurringopinions.com/archives/2006/01/judiciary_commi.html/comment-page-1#comment-61054</link>
		<dc:creator>Simon</dc:creator>
		<pubDate>Mon, 09 Jan 2006 18:04:15 +0000</pubDate>
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		<description>This was discussed recently - with much hyperventilating all round - at &lt;a href=&quot;http://www.confirmthem.com/?p=2028&quot; rel=&quot;nofollow&quot;&gt;ConfirmThem&lt;/a&gt;, but the point is made that &lt;a href=&quot;http://judiciary.senate.gov/committee_rules.cfm&quot; rel=&quot;nofollow&quot;&gt;Senate Judiciary Committee Rule of Procedure I(3)&lt;/a&gt; allows that:&lt;blockquote&gt;At the request of any Member, or by action of the Chairman, a bill, matter, or nomination on the agenda of the Committee may be held over until the next meeting of the Committee or for one week, whichever occurs later.&lt;/blockquote&gt;What is at issue is the request by Dems for a one week delay. However, the plain language - devoid of precedents, because I don&#039;t have a copy of &lt;i&gt;Riddick to hand&lt;/i&gt; - suggests that the Dems could indeed delay procedings for eight weeks. Which isn&#039;t September, but it is a serious delay.

I wonder if this is possible, and I also wonder if Rule I(3) is not in some tension with Rule IV(1); the former permits any member of the committee to hold &quot;&lt;i&gt;until the next meeting of the Committee or for one week, whichever occurs later . . . a bill, matter, or nomination on the agenda of the Committee&lt;/i&gt;.&quot; The latter, though, permits the Chair a non-debatable prerogative to bring &quot;&lt;i&gt;a matter before the Committee to a vote&lt;/i&gt;.&quot; I don’t know what the precedents are on this rule, or even if this tension is entirely of my own imagining, but it seems to me that Rule I(3) permits a committee member to delay a business item on the committee agenda, i.e. when it is heard by the committee, but not on a &lt;i&gt;vote&lt;/i&gt; for that business item. In other words, as a purely textual matter, speculatively, I can’t help wonder if maybe the Dems could delay the commencement of hearings, but not the final vote?

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		<content:encoded><![CDATA[<p>This was discussed recently &#8211; with much hyperventilating all round &#8211; at <a href="http://www.confirmthem.com/?p=2028" rel="nofollow">ConfirmThem</a>, but the point is made that <a href="http://judiciary.senate.gov/committee_rules.cfm" rel="nofollow">Senate Judiciary Committee Rule of Procedure I(3)</a> allows that:<br />
<blockquote>At the request of any Member, or by action of the Chairman, a bill, matter, or nomination on the agenda of the Committee may be held over until the next meeting of the Committee or for one week, whichever occurs later.</p></blockquote>
<p>What is at issue is the request by Dems for a one week delay. However, the plain language &#8211; devoid of precedents, because I don&#8217;t have a copy of <i>Riddick to hand</i> &#8211; suggests that the Dems could indeed delay procedings for eight weeks. Which isn&#8217;t September, but it is a serious delay.</p>
<p>I wonder if this is possible, and I also wonder if Rule I(3) is not in some tension with Rule IV(1); the former permits any member of the committee to hold &#8220;<i>until the next meeting of the Committee or for one week, whichever occurs later . . . a bill, matter, or nomination on the agenda of the Committee</i>.&#8221; The latter, though, permits the Chair a non-debatable prerogative to bring &#8220;<i>a matter before the Committee to a vote</i>.&#8221; I don’t know what the precedents are on this rule, or even if this tension is entirely of my own imagining, but it seems to me that Rule I(3) permits a committee member to delay a business item on the committee agenda, i.e. when it is heard by the committee, but not on a <i>vote</i> for that business item. In other words, as a purely textual matter, speculatively, I can’t help wonder if maybe the Dems could delay the commencement of hearings, but not the final vote?</p>
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