ConfirmThem

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

California Senator Dianne Feinstein claims that a Supreme Court nomination was defeated by filibuster way back in 1881, but the Congressional Research Service (CRS) says the opposite. The following statement is at Senator Feinstein's website:

In 1881, Republicans held a majority of seats in the Senate but were unable to end a filibuster to preclude a floor vote on President Rutherford B. Hayes's nomination of Senator Stanley Matthews to the Supreme Court. Matthews was renominated by incoming President James Garfield, and after a bitter debate in the Senate, was confirmed by a vote of 24 to 23. This has been described as the first recorded instance in which the filibuster was clearly and unambiguously deployed to defeat a judicial nomination.

But, here's what the CRS says:

According to one historical account, the nomination did not enjoy majority support in the Senate Judiciary Committee and was not reported out by the Committee or considered by the full Senate before the end of the Congress.

The thing I can't figure is how Matthews could have been filibustered if he didn't even make it out of committee. Senator Cornyn has confirmed that Matthews never got out of committee during the Hayes administration.

Not only is Senator Feinstein's claim of a Matthews filibuster unfounded, but in fact his ultimate confirmation vote of 24 to 23 plainly shows that the Senate has never before accepted a supermajority threshold for even the most controversial nominees. I guess if history's not on your side, you just make it up, or cite someone else who has.