by John Hawkins | November 13, 2003 11:59 pm
Senator John Cornyn explains that what the Democrats are doing to Bush’s judges is not business as usual in Washington. To the contrary, it’s unprecendented and unconstitutional…
“The Constitution expressly establishes supermajority voting requirements for authorizing treaties, proposing constitutional amendments, and other specific actions. To confirm judicial nominees, by contrast, the Constitution requires only a majority vote — as the U.S. Supreme Court unanimously held in United States v. Ballin (1892).
No wonder, then, that filibusters have been roundly condemned as unconstitutional — by Democratic senators and leaders as well as by prominent Democrats on the bench and in the legal academy.
…Until now, every judicial nominee throughout the history of the Senate and of the United States of America, who has received the support of a majority of senators, has been confirmed. Until now, no judicial nominee who has enjoyed the support of a majority of senators has ever been denied an up-or-down vote. Indeed, until now, Democrat and Republican senators alike have long condemned even the idea of defeating judicial nominees by filibuster.”
As far as I’m concerned, this democratic hissy fit over these judges has gone on long enough. I’m sick and tired of seeing well-qualified judges with bipartisan support being held up so the Democrats can play to special interest groups, because these justices don’t come down the way the Democrats like on abortion, or because some of these judges are minority members who happen to be conservative.
So either the Democrats can stop subverting the Constitution to block these judges or the GOP should take it to the next level. Bush can make recess appointments, but I’d prefer to see the nuclear option used so this issue can be decided once and for all. But, in any case, these judges have been in limbo long enough, it’s time to move on this issue…
***Update #1***: SteveB writes in the comment section,
“I’m just wondering what will happen when (hopefully a long time from now) Democrats come back into power and their president is putting judges out for acceptence.”
But that’s just the point, no one is asking for special treatment. No Democratic judge able to win in a straight up or down vote on the floor has ever been unconstitutionally blocked the way President’s Bush’s judges have been. If these judges — and future judges — have a majority of Senators backing them, they should be confirmed.
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