Blogs > Cliopatria > Ignoring Congressional Norms

Jul 16, 2007

Ignoring Congressional Norms




A disturbing item from this morning’s Roll Call on the continuing breakdown of congressional norms.

Erin Billings reports, “Barring an unlikely confirmation of Leslie Southwick to the 5th U.S. Circuit Court of Appeals by the Judiciary Committee this week, Senate GOP leaders have privately mapped out a retaliatory plan that involves blocking passage of Democratic legislation from now until the August recess.”

This is an extraordinary plan, tantamount to legislative blackmail. The issue is not (as sometimes occurred both earlier this decade and in the 1990s) committed ideological minorities of the Senate using the rules to prevent a nomination from coming to a vote. In this case, Republican senators have urged delay, in a thus-far unsuccessful attempt to persuade committee Democrats to support Southwick’s nomination.

To date, a majority of the Senate Judiciary Committee appears intent on casting “no” votes against Southwick, which would ordinarily doom the nomination. Yet Senate Republicans argue otherwise.

Thad Cochran: “The Senate should consider this. It’s a question that ought to be decided by the Senate, not by a few members of one committee.”

Arlen Specter: “Let the full Senate vote on it. That’s what the Constitution says — the Senate, not the committee, has the power to confirm or reject. If he loses, I’ll abide by the will of the body, but I’m not going to sit still and allow him to be bottled up in committee.”

Yet on lower-court judicial nominees, a negative vote of the Judiciary Committee has traditionally killed nominations. Senate Republicans are thus arguing that they want to change how the upper chamber normally functions, effectively demanding the bypassing of the Judiciary Committee on judicial nominations, and arguing that if the majority of the committee doesn’t go along with them, they’ll exact retribution.

This is a troubling way to do business.


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Ralph E. Luker - 7/24/2007

Citing a WSJ editorial betrays your bad taste. Did it mention that 60 Clinton nominees to the federal bench _never_ got a hearing from a Republican-controlled Judiciary Committee?


William Hopwood - 7/24/2007

In view of K.C. Johnson's continuing on-the-mark observations during the Duke University fiasco, his current misgivings vis-a-vis the Republican reaction to the Democrat freeze on the Southwick appellate nomination was disappointing to me.

Monday's (7/23) Wall Street Journal editorializes on the subject, pointing out that after six months in control of the Senate, Democrats have approved only three appellate nominees despite the urgent need for judges in several overloaded circuits. Nine nominees, including Southwick (whose qualifications are not in dispute) are now in a "holding pattern" in the Judiciary Committee.

During the Clinton years, as the WSJ notes, it was then-ranking member (now Chairman) of the Judiciary Committee, Democrat Patrick Leahy, who deplored judicial vacancies, lamenting at the time that confirmation delays were not acceptable and did not "serve the interest of justice (or) fulfill our constitutional responsibilities." Indeed.

Further noting that the Democrats had previously approved Southwick unanimously for the federal district court, the WSJ says that Mr. Leahy has now suggested that since Mississippi has never had an African American circuit judge, "perhaps Mr. Bush could nominate someone more racially suitable."

Now that's what is REALLY disturbing.


Barry DeCicco - 7/21/2007

IIRC, 60 nominees were denied hearings by the GOP Congress during the Clinon administration. But, of course, that was different.


Ralph E. Luker - 7/16/2007

It is disturbing. I'm beginning to lose count of the ways in which the norms of procedure have been changed. When did it become normal to require a 60 vote majority in order for a piece of legislation to proceed to an up or down vote? That change is really remarkable. So long as a filibuster required a 2/3s vote to overcome, the filibuster was rarely invoked. With reform, so that only 60 votes are required, the threat of a filibuster is routinely invoked. What a corruption of the intention of the reform!