Will Specter's Switch Make It Easier For Republicans To Filibuster Judges?
Much of the day will no doubt be spent gaming the retirement of Supreme Court Justice David Souter. Is it good for Democrats? For Republicans? Who will Obama nominate? How quickly and ferociously will charges of socialism and judicial activism begin to fly? And would Specter have switched parties if he'd known that he'd have had a golden opportunity to obstruct an Obama Supreme Court appointee in order to shore up his right?
All worthy questions, but all impossible to answer. At least for now.
What I want to focus on is a bit deeper in the weeds, but could prove very important, and, for Republicans, a potential source of poetic justice. (No pun intended.)
It comes from the procedural rules of the Senate Judiciary Committee (where the eventual nominee will first be considered) and it defines how matters before the panel are put to a vote. Rule IV:
The Chairman shall entertain a non-debatable motion to bring a matter before the Committee to a vote. If there is objection to bring the matter to a vote without further debate, a roll call vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority.
Back in the heady days of last week, that one vote might have belonged to Arlen Specter. Now it will have to come from within the ranks of a several more conservative senators, who, in order of seniority are Orrin Hatch (R-UT), Chuck Grassley (R-IA), Jon Kyl (R-TX), Jeff Sessions (R-AL), Lindsey Graham (R-SC), John Cornyn (R-TX), Tom Coburn (R-OK), and, potentially, a Republican to be named later.
The Senate is thick with choke points and this is just one of them. That doesn't mean the Republicans will necessarily go in for it--Graham, for instance, is one of the Gang of 14 opponents of the judicial filibuster. But the idea is already making its way through the political and legal blogosphere. So it's certainly not out of the question.


















My God! Our future depends on the intellectual honesty of Lindsey Graham. Could an independent be a member of the minority? What if one of the Democrats switched to the Green Party for a day. There must be some other alternative.
May 1, 2009 10:11 AM | Reply | Permalink
With all the caterwauling the R's did in the Bush years about SCOTUS nominees deserving an up-or-down vote, you'd think they'd be at least a little embarrassed to filibuster one of Obama's nominations. But they won't.
May 1, 2009 10:12 AM | Reply | Permalink
What could shame them? They think their shenanigans in Minnesota are the good and right things to be doing.
May 1, 2009 10:57 AM | Reply | Permalink
What could shame them? They think their shenanigans in Minnesota are the good and right things to be doing.
May 1, 2009 10:58 AM | Reply | Permalink
Because it was and is always an act.
May 1, 2009 11:25 AM | Reply | Permalink
How about we put Bernie Sanders on the Judiciary Committe and count his vote as the one minority?
May 1, 2009 10:28 AM | Reply | Permalink
No debating he's in the minority. I like it.
May 1, 2009 11:41 AM | Reply | Permalink
You're right...there's "no debating" that he's in the minority, because he isn't. He's part of the Democratic caucus. He counts as a majority member of the committees on which he sits. Sorry guys.
June 2, 2009 3:02 PM | Reply | Permalink
Jon Kyl (R-TX)? Since when is Jon Kyl representing Texas? Republicans may be interchangable, but Kyl is the junior senator from Arizona.
May 1, 2009 10:37 AM | Reply | Permalink
Here come all the partial birth abortion editorials again and another surge in gun purchases once the NRA gets wind of whomever Obama chooses. I'd invest heavily into gun manufacturers and anti-partial birth abortion magazines.
May 1, 2009 10:46 AM | Reply | Permalink
We all know repuglicans are hypocrites so why waste time discussing the inevitable. Best thing we can do is ignore them and keep plugging away at them. If they don't like the first draft choice, then give them a second choice worst than the first. Then make the second choice like like an angel when compared to the third choice. After a while, the general public will get catch on and 2010 will look like that year under FDR when the republicans were only able to hold a total 16 seats in the Senate.
May 1, 2009 11:19 AM | Reply | Permalink
Ah the power of small in politics- all it takes is one senator to make or break a country. Scary.
May 1, 2009 9:13 PM | Reply | Permalink