Two Judicial Nominees Clear Judiciary Committee

By 

Jay Sekulow

May 23, 2011

2 min read

ACLJ

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As expected, Janice Rogers Brown and Priscilla Owen cleared the Senate Judiciary Committee today.  Both cleared with a 10-8 vote along party lines.  Brown has been nominated for a seat on the DC Court of Appeals and Owen for a seat on the U.S. Court of Appeals for the Fifth Circuit.  Both were filibustered by Democrats in President Bush's first term and now with them clearing the Judiciary Committee, the stage is set for a showdown over the filibuster issue.

As I have told you on my radio broadcast, the use of the judicial filibuster is an unconstitutional technique designed to prevent these nominees from getting an up-or-down vote on the Senate floor.  By the way, every judicial nominees that has been filibustered in the past would be on the bench today if their nomination would have gone before the full Senate floor.  Each had the votes to clear a simple majority vote.

The pressure continues to mount in the Senate - urging leadership to enact a rules change that will eliminate the filibuster from being used against judicial nominees.  Now that Owen and Brown have cleared the Judiciary Committee and will be sent to the Senate floor, will they be filibustered again?  And, will the Republican majority take the action needed to change the rules?

I have been meeting with members of the Senate this week in Washington urging them to enact the rules change.  This confirmation process needs to be addressed and corrected.  A filibuster was never intended to be used against judicial nominees.  Under the Constitution, the Senate is required to provide "advice and consent" - that means giving these nominees the up-or-down vote they deserve on the Senate floor.  We will continue to push hard on this issue and continue to encourage members of the Senate to abide by the Constitution.

More than 30,000 people have joined with us at the ACLJ in support of this rules change.  I want to thank all of you who have signed our Petition to End Judicial Filibusters.  If you haven't done so already, please take a moment to add your name today.  Your voice is very important on this issue.