ConfirmThem

By DanCT Posted in Senate Rules — Comments () / Email this page » / Leave a comment »

One of the main themes of the Democrats' debating on the judicial nominations today has been that the filibustering tactic is old hat. But that's just not true for judicial nominations. In recent years there have been many nominees who won with less than 60 votes, and none has been blocked by filibuster. Here are some examples:

President Carter:

Abner Mikva D.C. Cir. 58-31 Sept. 25, 1979
L. T. Senter N.D. Miss. 43-25 Dec. 20, 1979

President Reagan:

J. Harvie Wilkinson III 4th Cir. 58-39 Aug. 9, 1984
Alex Kozinski 9th Cir. 54-43 Nov. 7, 1985
Sidney A. Fitzwater N.D. Tex. 52-42 Mar. 18, 1986
Daniel A. Manion 7th Cir. 48-46 June 26, 1986

President Bush:

Clarence Thomas S. Ct. 52-48 Oct. 15, 1991

President Clinton:

Susan O. Mollway D. Haw. 56-34 June 22, 1998
William A. Fletcher 9th Cir. 57-41 Oct. 8, 1998
Richard A. Paez 9th Cir. 59-39 Mar. 9, 2000

A 60 vote rule is historically and constitutionally indefensible. In fact, The U.S. Supreme Court has unanimously held that, unless the Constitution expressly provides for a supermajority vote, the constitutional rule is majority vote. See United States v. Ballin (1892).

Hat tip: Don Stewart, Communications Director for Senator Cornyn