Time For the Nuclear Option on Judges?

Let our journalists help you make sense of the noise: Subscribe to the Mother Jones Daily newsletter and get a recap of news that matters.


For the third time in a month, Senate Republicans have blocked the nomination of a judge to fill an open vacancy on the DC Circuit Court:

By a vote of 53 to 38, the Senate failed to break a filibuster of Robert L. Wilkins, a federal judge who was nominated to fill one of three vacancies on the United States Court of Appeals for the District of Columbia Circuit….The impasse over Mr. Wilkins followed Republican blockades of two other candidates for the court since Oct. 31. Unlike previous fights over judicial nominees, the dispute is not as much about the judges’ individual political leanings….Rather, Republicans are seeking to prevent Mr. Obama from filling any of the three existing vacancies on the 11-seat court, fearing that he will alter its conservative tilt.

….Republicans are on the verge of exhausting the last bit of tolerance Democrats have shown for such regular use of the filibuster on nominations. Senator Patrick J. Leahy of Vermont, the Senate’s longest-serving current member, who has fought to safeguard the institution’s traditions, said Monday that momentum was building toward a rules change — a move so controversial that it is referred to as the nuclear option.

“I’ve never seen anything like this,” Mr. Leahy said.

Leahy has been a pretty straight shooter on judicial nominations, honoring Republican holds and defending traditional Senate prerogatives. If he’s finally losing patience, it’s possible that Democrats are finally ready to eliminate the filibuster on judicial nominees. Here’s hoping.

(And while they’re at it, how about eliminating the filibuster on executive branch nominees too? That’s even less defensible.)

FACT:

Mother Jones was founded as a nonprofit in 1976 because we knew corporations and the wealthy wouldn't fund the type of hard-hitting journalism we set out to do.

Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2020 demands.

payment methods

FACT:

Mother Jones was founded as a nonprofit in 1976 because we knew corporations and the wealthy wouldn't fund the type of hard-hitting journalism we set out to do.

Today, reader support makes up about two-thirds of our budget, allows us to dig deep on stories that matter, and lets us keep our reporting free for everyone. If you value what you get from Mother Jones, please join us with a tax-deductible donation today so we can keep on doing the type of journalism 2020 demands.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate