Tactics to Scuttle or Delay Judicial Confirmations on Rise, Panelists Say

March 12, 2010
The use of the filibuster and other parliamentary maneuvers are on the rise to not only slow passage of legislation, but increasingly to delay action on judicial and other executive branch nominations. During an ACS panel discussion earlier this week, several experts explored the delaying tactics and their effect on the judiciary. The panel included Makan Deirahim, former chief counsel for the Senate Judiciary Committee, Martin Paone, former Democratic Secretary in the Senate, and Matthew Yglesias, fellow at the Center for American Progress Action Fund.

Yglesias, also a blogger at ThinkProgress, said:

Although the filibuster and cloture issue is technically about debate, and defenders of it talk about debate, I think it is worth being clear that actual debating of issues is almost invariably a red herring in these kinds of contexts.

When you have a minority of senators saying they we won't grant cloture on Craig Becker's nomination to the NLRB [National Labor Relations Board], that's not actually because they have more things they want to say about it. It's a tactic that you see has dual uses. One is to impose a super-majority requirement, to say that you can't pass a bill or confirm a nominee unless you have 60 senators, rather than 50. And the other, which in some ways I think has become more important and underrated, is to purely delay action. That the process of filing a cloture petition and letting it ripen takes quite a bit of time, particularly because you can sort of dual-track your refusal to grant unanimous consent and force multiple filings of petition to ever get to a final vote on an issue.

The entire panel discussion is available here or by clicking picture.

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