ConfirmThem

By AndrewHyman Posted in Judiciary Committee — Comments () / Email this page » / Leave a comment »

Senator Specter says that previously filibustered nominee William G. Myers will be first up in committee (not Janice R. Brown). He was nominated to the 9th Circuit Court of Appeals, and was the seventh Bush nominee to be filibustered by the Democrats. He made it out of committee the first time around, and then the cloture vote was 53 to 44 (note Senator Biden voted for cloture and Senator Schumer against). The hearing report is online as text and pdf.

There could be some turbulence if Senator Specter were to deviate from the interpretation that Senator Hatch gave to Judiciary Committee Rule IV in 2003 (see last few paragraphs, under subheading "Hearing Focuses on Debate over Rule Interpretation"). Specter probably won't face that decision with the Myers nomination, because Biden is unlikely to vote against Myers in committee. Nevertheless, if Senator Specter does reinterpret Rule IV with respect to any other nomination, then the full Senate could consider "discharging" the Judiciary Committee (see p. 944 of Riddick). This "discharge" technique can also be used if the Judiciary Committee merely moves too slowly. Discharge is apparently subject to filibuster and a cloture vote.