ConfirmThem

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

Today, William Myers is testifying before the Senate Judiciary Committee, and a live view is available on the internet. Myers will obviously be approved by the Judiciary Committee. However, his nomination need not then proceed directly to the floor of the Senate. Instead, the Senate leadership could wait until any other nominee clears the Judiciary Committee, and then bring that other nominee to the floor first (or jointly with Myers and/or jointly with other nominees).

If Myers is brought to the floor first, it seems likely that he will be confirmed, which could take steam out of the effort to stop the perpetual filibusters of other nominees. This is because --- testifying today --- Myers heaped praise on the Supreme Court's line of "privacy" cases, calling them "bedrock" as he did in his previous hearing. His controversial environmental record means little to many liberal Senators, as compared to that praise for the privacy cases. Of course, liberal Senators would say that they finally voted for cloture on Myers because the Ninth Circuit is a liberal circuit that could use some balance, whereas actually Myers would provide balance primarily on environmental issues as compared to other issues.

Myers surely ought to get an up-or-down vote in the Senate. But, there's no reason why he should get it before all of the other nominees. Incidentally, everyone with a speck of good sense believes in respecting other people's privacy, and there does appear to be a limited right to privacy in the Fourth Amendment, but not an unlimited one.