Litigation

Specter?s Defection Raises Questions about Judicial Nominations

By Jason Barrett

While Sen. Arlen Specter’s defection has been the source of much delight in Democratic circles, it remains unclear what, if any, effect the senator’s new party affiliation will have on President Obama’s judicial nominations.

When Sen. Specter announced Tuesday that he would run as a Democrat in 2010, many believed that this would give Democrats a highly sought 60-seat majority in the Senate.  A majority of that size would prevent Republican filibusters.

But Sen. Specter has always been independent, a fact evident in statements covered by the Blog of Legal Times that the senator made after announcing his defection.  “I have always agreed with John Kennedy that sometimes parties ask too much,” Specter said.  “And if the Democratic Party asks too much, I will not hesitate to disagree and vote my independent thinking.”

CQ Politics also reports on the effect that Sen. Specter’s defection will have on judicial nominations.  ?It clearly limits ? and maybe even eliminates ? the Republicans? ability to filibuster judicial nominations,? said Michael J. Gerhardt, a professor at the University of North Carolina School of Law.

The article also looks forward to possible Supreme Court nominations, should a Justice decide to step down.  Sen. Specter’s move makes it much less likely that a Republican effort to thwart President Obama’s nomination would succeed.

CQ also reminds us that Sen. Specter is not afraid to buck party lines when it comes to a Supreme Court fight.  The senator’s opposition to President Reagan’s nomination of Robert Bork to the high court in 1987 made him a pariah in his own party.

Full post as published by The Gavel on April 29, 2009 (boomark / email).