Senate Republicans want to keep a conservative majority on the D.C. Circuit Court of Appeals because it is the most important circuit court. This circuit often gets appeals involving regulations and adjudications by government agencies, including the EPA. The Republicans therefore have decided it has three too many judges (the number of vacancies) and vowed to filibuster any nominee to the court by President Obama.
Senator Leahy, who I believe opposed the nuclear option last time, today said that the Republican refusal to confirm any qualified nominee would put the nuclear option back on the table. I think it should.
The chairman of the Senate Judiciary Committee says the nuclear option for filibuster reform will be “on the table” if Republicans make good on their threat to block President Obama’s nominees to serve on the powerful D.C. Circuit Court of Appeals.
“I think that the rules change will come back on the table if it’s filibustered,” Sen. Patrick Leahy (D-VT) told C-SPAN’s “Newsmakers” program on Thursday. “Because it is one thing if you had somebody who is not qualified. These people are extraordinarily well qualified.”
Leahy has so far been soft-spoken about the prospect of changing the Senate’s filibuster rules by a simple majority vote — the so-called “nuclear” or “constitutional” option. But he made clear that Democrats want to fill those particular court of appeals seats and accused Republicans of seeking to block Obama’s three nominees in order to maintain the court’s conservative tilt.
“They don’t want a balanced court,” he said, under questioning from CQ Roll Call’s John Gramlich. “It is not balanced now and they are trying to keep it unbalanced.”
TPM
The only way to end sabotage governing is to stand up to it.