Dear Senator McConnell,

Although your constituents deserve priority, I would like to express my
distress over the spiral of hyperpartisanship in the Senate over the last
twelve years or so, and urge a return to bipartisanship and comity even in
the wake of the most recent developments.

If a simple majority of the Senate in 2013 or 2017 has sufficed to enact the
"Reid rule" precedent, then in better times a majority may restore adherence
to the requirement of 60 votes for cloture for the confirmation of Supreme
Court nominations, and indeed also for confirmation of other executive and
judicial appointments. I do not propose that the reversal of the "Reid rule"
for other than Supreme Court appointments occur before 2020 or 2021, when
the Obama and Trump Administrations have had equal periods of time to take
advantage of this simple majority standard. The object should be to restore
the deliberative and bipartisan tradition of the Senate, not to seek
partisan advantage on either or any side.

Additionally, I would like to express my regret that in the recent
confirmation process for Justice Gorsuch, more consideration was not given
to the Two-Speech Rule of Senate Rule XIX as a method provided by the
Standing Rules of the Senate themselves for bringing about an eventual
up-or-down vote on a Supreme Court nominee in the event that a cloture
motion fails to gain 60 votes. By keeping the Senate in the same legislative
day (with recesses rather than adjournments), a majority of 52 or more
members could have enforced Rule XIX and brought about the confirmation of
Justice Gorsuch even while respecting the deliberative tradition of the
Senate.

Application of Rule XIX seems to me especially appropriate for confirmations
of Supreme Court nominees. It leaves an incentive for a President to seek
out nominees who can attract the support of 60 or more Senators for a
smoother confirmation process; but, for nominations that prove contentious,
provides a more arduous path to an eventual up-or-down vote. While the
Two-Speech Rule might also be applied to legislation, there the possibility
of amendments (upon which members may also give speeches under the rule)
would complicate the process. And with legislation, the 60-vote requirement
for cloture often encourages and facilitates compromise.

The most important question is not who should be blamed for the spiral of
partisanship in the Senate leading to the adoption of the "Reid Rule"
precedent in 2013 and its extension to Supreme Court confirmations in 2017,
but who is ready to reassess this trend in the cooler light of a new day and
move back toward comity, patience, and mutual respect in the Senate.

Restoring the rule of 60 votes for cloture for Supreme Court confirmations,
recognizing the power of the majority under Senate Rule XIX in lieu of
cloture to invoke the Two-Speech Rule leading to an eventual up-or-down vote
on a Supreme Court nominee, and likewise in 2020 or 2021 restoring the
60-vote requirement for cloture for other executive and judicial
confirmations would enhance the dignity of the Senate and advance its
constitutional role as a repository of deliberation and moderation.

Most respectfully,

Margo Schulter
Sacramento, California
April 8, 2017