Sen. Mitch McConnell (R-KY) is apparently fed up with the outspoken and plucky Democratic Senator from Massachusetts, Elizabeth Warren. Tuesday evening, McConnell invoked an obscure, and rarely-used rule which effectively silenced Warren. Here’s what happened:

In a Senate debate about Wednesday’s confirmation vote for Attorney General Nominee Jeff Sessions, Warren began to read a letter written by Coretta Scott King in 1986. Warren quoted King, whose letter addressed Sessions’ record on civil rights as a U.S. attorney, saying that Sessions used “the awesome power of his office to chill the pre-exercise of the vote by black citizens.” King was writing to oppose Sessions’ nomination to a federal judgeship in Alabama, a position he was ultimately denied.

A US Senator isn’t allowed to read a letter by a civil rights icon but our President is allowed to attack one. #LetLizSpeak. #StopSessions pic.twitter.com/Up4H4NWDII

— Tracy Wehringer (@twehringer) February 8, 2017

McConnell, the Senate majority leader, responded to Warren’s letter reading by citing Rule 19, saying: “The senator has impugned the motives and conduct of our colleague from Alabama, as warned by the chair.” Voting along party lines, the Senate agreed with McConnell 49 to 43. So, what exactly is Rule 19, and where does it come from?

It’s an old one: in February 1902, a quarrel broke out between two Democratic Senators from Alabama, Benjamin Tillman and John McLaurin. Tillman was angry that McLaurin seemed to be swayed by the Republicans on certain issues, namely on the question of annexing the Philippines. Tillman accused McLaurin of treachery and corruption, and what happened next is what led directly to the creation of Rule 19.

“The 54-year-old Tillman jumped from his place and physically attacked McLaurin, who was 41, with a series of stinging blows,” according to Senate history. “Efforts to separate the two combatants resulted in misdirected punches landing on other members.” A few months later, the Senate enacted Rule 19, with the goal of tidying up decorum on the Senate floor.

Now, had Warren continued, it’s unlikely she and McConnell would have had a physical altercation. But Rule 19’s language is not just about deterring physical conflict. The rule states: “No Senator in debate shall, directly or indirectly, by any form of words impute to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.” Basically, don’t undermine a fellow senator by questioning his or her ability to govern.

The last time the Senate even came close to using Rule 19 to silence a senator was in 1979, when a heated debate between Sen. Lowell Weicker (R-CT) and Sen. John Heinz (R-PA) became heated. Heinz reportedly showed Weicker Rule 19, the two shook hands, and the situation was resolved. Last year, McConnell might have had cause to invoke Rule 19 against a fellow Republican, Sen. Ted Cruz (R-TX). Cruz accused McConnell of lying “over and over and over again.”

According to McConnell, Warren has repeatedly brushed with breaking Rule 19. Reading a letter written by King, it seems, was the final straw. “Sen. Warren was giving a lengthy speech,” McConnell told reporters after the incident. “She had appeared to violate the rule. She was warned. She was given an explanation,” He added: “Nevertheless, she persisted.” Later Tuesday evening, Warren read the letter in full on Facebook. Two million people watched–and listened.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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In their final stand against Betsy DeVos, Democrats spent Monday night on the Senate floor, bracing for the controversial cabinet nominee’s confirmation vote. The overnight protest was to no avail, however, as DeVos, President Donald Trump’s education secretary nominee, was confirmed. The vote was split 50-50 until Vice President Mike Pence broke the tie with a deciding vote. But DeVos will begin her post with intense opposition which, Democrats hope, will lead her to shift some of her more radical views to the mainstream. 

Critics of DeVos, a longtime Republican donor, say she will fail to be an advocate for public schools, and might even radically change the country’s education system to be more choice-based. DeVos has decades of experience in private education, and is a fervent supporter of charter schools and religious schools, but lacks experience, personally and professionally, in public education.

In a hearing a few weeks ago, DeVos displayed a basic misunderstanding of the federal law regarding public schools. Responding to a question about the federal law that requires public schools to provide equal opportunities to students with disabilities, DeVos said, “I think that is a matter that’s best left to the states.” Evidently, DeVos did not realize the Individuals with Disabilities Education Act is federal law, and is inherently not a state-level issue.

“Cabinet secretaries can’t be expected to know everything. But this is different,” Sen. Chuck Schumer (D-NY) said on the Senate floor on Monday. “The nominee for secretary of education doesn’t know some of the most basic facts about education policy.”

Senate Dems protest to keep the failed status quo. Betsy DeVos is a reformer, and she is going to be a great Education Sec. for our kids!

— President Trump (@POTUS) February 7, 2017

Monday’s overnight protest is the latest salvo in a weeks-long flurry of friction from Democrats, lawmakers and constituents, against Trump’s cabinet nominees, most pointedly focused on DeVos. Senators’ phones have been ringing seemingly nonstop, with concerned constituents pushing their representatives to oppose DeVos, and to do more to sway Republicans to their corner.

Two Republicans, Sen. Susan Collins (R-ME) and Sen. Lisa Murkowski (R-AK) did just that last week, when they said they would not support DeVos; one more Republican needed to join them in order to block the billionaire. But Collins and Murkowski represent states with vast rural communities, where parents rely on public schools to educate their children. School choice, for many parents in those states, is not an option.

“One thing is very clear: if she is confirmed, she would enter the job as the most controversial and embattled secretary in the history of this department,” said Sen. Patty Murray (D-WA) on the Senate floor on Monday. Murray is the top Democrat on the Senate committee that questioned DeVos in her confirmation hearing and, with voting along party lines, propelled her to a full Senate vote. “She would start her job with no credibility inside the agency she is supposed to lead,” Murray added.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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It all began almost exactly one year ago: Supreme Court Justice Antonin Scalia was found dead in his hunting lodge in Texas. We all know what happened next. President Barack Obama nominated Merrick Garland to fill Scalia’s seat. Republicans, led by Senate Majority Leader Mitch McConnell, refused to allow Garland a hearing. The stonewalling paid off when Donald Trump won the presidential election in November. On Tuesday, President Trump nominated Neil Gorsuch, a federal appeals court judge in Denver, to fill the vacant post. But Gorsuch has a number of hurdles to clear before he can take a seat on the most coveted bench in the land.

First, he must complete a questionnaire that can run up to a few hundred pages long. Gorsuch will have to cite every opinion he has written. He will also have to divulge all of his sources of income–including speaking fees–and any essays and other documents he has written. The Senate will examine his answers, the FBI will conduct a background check, and members of the Senate Judiciary Committee will conduct investigations of their own.

Next, after procedural obstacles are cleared, the long and arduous journey to the confirmation hearing will begin. Gorsuch will meet privately with Senators of both parties. Meanwhile, Democrats and Republicans will hash out the details of the confirmation hearing, such as when it will be held, and how many witnesses will be allowed to participate. To prepare for the hearing, which can last three to four days, Gorsuch will undergo a mock hearing with his advisers, where they will try to foresee any questions that might be hurled his way.

The final step, a Senate vote, is where things can get really interesting. This is no ordinary vote. Many Democrats vividly remember how Republicans treated Garland; others seem ready to support Gorsuch. Confirmation, as the rules currently stand, requires 60 Senate votes. There are 52 Republican Senators and 46 Democrats (and two Independents). Therefore, if the GOP unanimously backs Gorsuch, they would need eight Democrats to push him through.

But the chorus of Democrats who wish to obstruct Trump’s nominee as the Republicans did Obama’s nominee is growing. As the rules stand, they do have that ability: Democrats could choose to filibuster and effectively refuse to give Gorsuch the 60 votes he needs to pass. There are signs, however, that McConnell is willing to change the rules to lower the threshold of votes needed to pass to 51, or a simple majority vote. If that happens, Gorsuch would sail through the confirmation vote.

In a meeting with McConnell and other Republicans, Trump seemed to support a rule change if it comes to that. “If we end up with that gridlock, I would say, ‘If you can, Mitch, go nuclear,'” he said. In 2013, Harry Reid, the Democratic Senate majority leader at the time who has since retired, provided a blueprint for a rule change. Responding to Republican opposition to Obama’s agenda, Reid slashed the filibuster option for cabinet positions and other presidential nominations, including judicial nominees. If McConnell embraces the same route, the rule change would affect Supreme Court nominations beyond Gorsuch, beyond Trump’s presidency, and beyond the current Republican hold on Congress.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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In her confirmation hearing on Tuesday, Betsy DeVos, President-elect Donald Trump’s education secretary nominee, was grilled about her lack of experience in public education, and about her controversial philanthropic history. She punted when asked about her stance on gun-free zones in schools, and would not commit to a full-throated support for public schools.

DeVos, a 59-year-old billionaire from Grand Rapids, Michigan, is an ardent supporter of charter schools and voucher programs, a divisive option that is barred in many states. She has scant experience in public education but has a long history of advocating for private schooling options.

In 1993, as the chairwomen for the Michigan GOP, DeVos pushed the law that legalized charter schools in the state. Today, charter schools are legal in 43 states and the District of Columbia. After seeing success as an advocate for charter schools, DeVos set her sights on voucher programs, which use taxpayer dollars to encourage families to enroll their children in private or religious schools.

If you missed Betsy DeVos’ confirmation hearing for education secretary yesterday, here’s a recap from @npr_ed: https://t.co/3dUjVePRWx

— NPR (@NPR) January 18, 2017

Her attempts to bring voucher programs to Michigan failed however, when a ballot measure she backed in 2000, which would have legalized them in the state, did not pass. Thirteen states and D.C. have instituted voucher programs for qualifying students. Critics of voucher programs say they fail to foster diversity, and that they suck resources from public schools, which could adversely affect low-income students. Supporters say they encourage competition and innovation, and increase the options available for families to educate their children.

In her hearing on Tuesday, DeVos was asked about her commitment to public education. “Can you commit to us that you will not work to privatize public schools or cut a single penny from public education?” asked Sen. Pat Murray (D-WA). DeVos replied that she supports “options” and that “not all schools are working for the students that are assigned to them.” She did not explicitly say she would not cut funding for public schools.

Democrats also prodded DeVos on her stance on gun-free zones in schools, as well as the millions of dollars she and her family have poured into some controversial causes. For instance, DeVos gave money to Focus on the Family, a conservative Christian group that supports conversion therapy, an ineffective practice meant to change a person’s sexual orientation. DeVos estimated she and her family have spent $200 million in donations.

Tuesday’s hearing resulted in one lightning rod answer that is making the rounds on social media. When asked about whether she supported Trump’s stance on gun-free zones in schools (he said he’d ban them), DeVos said: “I think that’s best left to locales and states to decide.” She alluded to a school in Wyoming that erected a fence to protect students from wildlife, suggesting guns could be useful in such a situation. “I think probably there, I would imagine that there’s probably a gun in the school to protect from potential grizzlies,” she said.

Twitter had a field day with her answer:

What a grizzly image. pic.twitter.com/IjRFc7v99g

— George Takei (@GeorgeTakei) January 18, 2017

Raise your hand if you’re more qualified than #BetsyDeVos to be the next Secretary of Education. #DeVosHearing pic.twitter.com/22yfLZVU8A

— Diane N. Sevenay (@Diane_7A) January 18, 2017

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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