A Momentum Shift for Judicial Nominees

By 

Jay Sekulow

May 23, 2011

3 min read

ACLJ

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I want to let you know that there are a couple of important developments underway on Capitol Hill regarding the judicial confirmation process.  As you know, we have been advocating a rules change in the Senate to permit Pesident Bush's judicial nominees to get an up-or-down vote on the Senate floor -- bringing an end to the use of the filibuster to derail these nominees.

There are a couple of important developments to report.  Sen. Arlen Specter, who now heads the Senate Judiciary Committee, says he has been lobbying Democrats to put together the 60 votes needed to break a judicial filibuster of a nominee.  In fact, Specter told the New York Times that he plans a strategy that includes putting forth nominees in a specific order -- to generate as much support from Democrats as possible.  Specter's strategy involves adding to the 55 Republicans in the Senate by getting the support of a handful of Democrats who would vote in favor of the President's nominees.

At the same time, some encouraging words from Senate Majority Leader Frist who says he believes he now has the votes necessary to facilitate a rules change in the Senate and bringing an end to the use of the filibuster for judicial nominees.  Frist won't say yet whether he will resort to the rules change vote but did tell the Washington Times that the Senate needs to restore the "over 200-year tradition and precedent of allowing every nominee of the president who has majority support an up-or-down vote on the floor of the United States Senate."

And just today, in remarks at the swearing-in of Attorney General Gonzales, President Bush once again called on the Senate to fulfill its constitutional duty in giving nominees an up-or-down vote.

Here's what the President said:

"To maintain confidence in the legal system, we must ensure that judges faithfully interpret the law, not legislate from the bench. I've a constitutional responsibility to nominate well-qualified men and women for the federal courts -- I have done so. And I've benefited greatly from the sound judgment of Attorney General Gonzales on picking qualified people to serve on our benches. I will continue to rely on his advice. And the United States Senate must also live up to its constitutional responsibility. Every judicial nominee deserves a prompt hearing and an up or down vote on the floor of the United States Senate."

 I believe we are about to see some real progress in this battle over judicial nominations.  It's one of the most important issues facing the nation today and I will keep you posted as this unfolds.