Blog PoliAnna

5/10/2005

Filibustering judges unprecedented?

1968 Abe Fortas, for Chief Justice.
1971 William Rehnquist, for Associate Justice.
1980 Stephen G. Breyer, for circuit judge.
1984 J. Harvie Wilkinson, for circuit judge.
1986 Sidney Fitzwater, for district judge.
1986 Daniel Manion, for circuit judge.
1986 William Rehnquist, for Chief Justice.
1992 Edward Earl Carnes, Jr., for circuit judge.
1994 H. Lee Sarokin, for circuit judge.
1999 Brian Theadore Stewart, for district judge.
2000 Marsha Berzon, for circuit judge
2000 Richard Paez, for circuit judge.

(From a People For the American Way report.)

And that’s just the filibuster on the floor, the votes for cloture. As Al Gore observed, there are lots of ways to block a nominee, or at least there used to be.

[U]nder the procedures used by Republicans during the Clinton/ Gore Administration, far fewer than the 41 Senators necessary to sustain a filibuster were able to routinely block the Senate from voting on judges nominated by the president. They allowed Republican Senators to wage shadow filibusters to prevent some nominees from even getting a hearing before the Judiciary Committee. Other nominees were victims of shadow filibusters after receiving a hearing and were not allowed a committee vote. Still others were reported out of committee, and not allowed a vote on the Senate floor.

The rules enforcing a respectable compromise in the Judiciary Committee have all been eliminated. Instead of operating with some measure of independent spirit and deliberation, the Senate has become simply another vehicle for top-down exercise of power by the Republican Party.

Former Senate majority leader George Mitchell has an op-ed in the New York Times, giving a little bit more historical perspective. Blocking judges, by filibuster or other means, is quite precedented, and rightly so. The power grab is not, nor the politicization of the nominees that followed.

— ezra
10:49 am

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