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National Coalition to End Judicial Filibusters: What Say You Now?

By Jack M. Balkin

Democrats hope to reach the magic number of 60 Senators, which will allow them to shut down filibusters. It looks like they might fall just short. At least with respect to judicial appointments, however, they have nothing to worry about.

On March 12, 2003, Senate Majority Leader Bill Frist read on the floor of the Senate a letter from President Bush calling for a ban on judicial filibusters. This is necessary, Bush insisted, "to ensure timely up or down votes on judicial nominations both now and in the future, no matter who is president or which party controls the Senate."

In 2005, The National Coalition to End Judicial Filibusters sent a series of letters to Republican Senators urging that filibsters be abolished (the "nuclear option"). With indignation, they wrote: "As the representatives of millions of American voices, we write again to urge you to end judicial filibusters. If elections are to mean anything, and they must mean something, you must end the obstruction."

Although the membership of this organization included the Who's Who of conservative activists (C. Boyden Gray, Chuck Colson, Gary Bauer, Grover Norquist, Tony Perkins, Jay Sekulow, and many more, almost 200 conservative luminaries in all), their position was not motivated by partisan politics but by principle. "We believe that generations of Americans are called at moments to lay foundations for the future, and that this is one such moment," they wrote majestically.

The Senate must act as steward of the federal courts by returning the power to confirm judges to the Constitution's simple majority requirement. While it is the right of the President to expect the Senate to give Advice and consent within a reasonable period of time, it is the duty of every Senator to offer Advice and Consent through an honest, up and down vote....We ask you also to put partisan advantage aside. While there is no doubt that the Minority's filibusters have helped Republicans win recent elections, we are certain that Republicans will do the right thing for themselves and the Nation by ending the partisan obstruction now.

Like I said, nothing to worry about. The Republicans will not threaten to filibuster any of President Obama's judicial appointments. Their integrity, their respect for elections, and their commitment to the Nation will not allow it.

Full post as published by Balkinization on November 24, 2008 (boomark / email).