ConfirmThem

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

The Washington Times conducted an interesting interview with the Majority Leader on February 9. Here's an excerpt.

Q.: If you have to resort to the nuclear option ?
A: Constitutional option. The nuclear option is what they did to me last year when they changed the precedent.
Q: The constitutional option is going to, nonetheless, be upsetting to the other side. How concerned are you about having the comity be disrupted right now and do those concerns make you want to put off these nominations?
A: No, but the implication is right. The judicial nominees we'll take back through committee. And, so, although the president's past nominees --- or the majority of them --- have been resubmitted, they do have to go back through committee so it's an issue that needs to be addressed early on. The comity and the working together and the commonsense approach we've taken on class action, I hope, and will work hard to see that it happens, continues through many other bills, whether it's the bankruptcy bill as well as consideration of the judges. Now, to me, that means: Let's restore the tradition of 200 years, the tradition we had up to the last Congress, which is the precedent. So I will continue to appeal to the other side of the aisle in that regard. Let's extend the good working relationships we have and vote against them if you want to but give us the opportunity to vote them up or down.
Q: Do you have the votes for the constitutional option at this point?
A: Yes.
Q: The 51?
A: I can't say that with certainty because I don't know exactly what it will be but I'm confident.
Q: Do you have a timeline for when the judges will go to the floor?
A: The focus, as you can tell, has been very much on that Judiciary Committee so they're going all out. But the judges will start coming soon. I just don't know what the timeline is.
Q: You still plan on the first filibuster against a judge being the cue for the Constitutional option?
A: That's probably an over-simplification because ... everybody will be just waiting for that first judge and who the first judge is. There have been a lot of people telling people what my strategy is but I've not told anybody. So, everything that you've seen is not coming from me. My appeal ? I make little tiny moves everyday in comments to Democrat colleagues, including the Democratic leadership, for example, today, and that is we really need to be talking and discussing the judges and what is reasonable. And that really is where we are today. But, you're exactly right, I'm keeping the door open. I made it very clear that I found it unnecessary to, on day one, which would have been an option, to change the rules. So, the specific decision has not been made. I've got some pretty clear alternatives to use and, again, I'll just continue to appeal to the other side to be reasonable.