Filibuster on Judicial Nominees
The Filibuster[1]
-
first
recognized filibuster – speaking to delay action – in 1834
-
first
“cloture” rule in 1917 (to end debate)
o
only
applied to legislative items, not nominees, until 1949
o
super-majority
reduced from 2/
-
35
cloture attempts from 1949-2002 on nominees
o
SC
CJ nomination of Abe Fortas filibustered in 1968;
nominee withdrawn
o
Judicial
nominees have been filibustered
The “Nuclear Option”
-
majority
would declare filibuster action “out of order”
o
bypass
cloture vote
o
argue
that it is “unconstitutional” to filibuster a judicial nomination that has proceeded to the Senate floor
§
would
not cover executive nominees
§
not
cover judicial nominees in committees
-
effectively
would end filibuster