ConfirmThem

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

Although Senator McCain has decided to vote against requiring final votes on filibustered judicial nominations (the MSNBC transcript is here) , Sen. Thad Cochran of Mississippi announced today that "he would support it." Senator Cochran's full statement is here. Apparently, Senator McCain believes that President George H.W. Bush never should have nominated Justice Thomas, seeing as how Thomas was not "acceptable" to all the Democrats on the Judiciary Committee. Needless to say, we at confirmthem believe that Cochran is right and McCain is wrong. McCain is also undermining any realistic hope of a compromise between Senate Democrats and Republicans (much as Jacques Chirac dashed any hope of a compromise with Iraq in the run-up to the Iraq War, by undermining the credibility of allied resolve).

There reportedly could be "a backlash at the ballot box if Senate Republicans fail to follow through on their promise to change the rules in order to overcome the Democratic filibuster of President Bush's judicial appointments."

The Hill has an article discussing the position of Senate Parliamentarian Alan Frumin. That article notes that, "any Republican sitting in the chair would be free to reject or ignore the parliamentarian's advice....whoever is in the chair would not even have to ask the parliamentarian for his view."

John Lott of the American Enterprise Institute wanted to find out why certain judicial nominees have been singled out for harsher treatment such as filibusters. "It is pretty much the dumber you are, the easier it is to get on the court," he says. Senators get more upset if the President wants to "put a bright person on who may be influential," Lott says. The CS Monitor has the news story and Lott's study is available here. Professor Calvin Massey of UC Hastings has just delivered a speech summarizing the history of filibusters, and deploring their present use to kill nominations.

The Washington Post reports that the Judicial Confirmation Network will be running TV spots on this issue. The nominations of Judge Terrence Boyle, Justice Priscilla Owen, and Justice Janice Rogers Brown will all be considered by the Judiciary Committee on April 21.