Tag Archives: US Supreme court

Kids at play

uscapitalHere they go with judicial nominations again. Not a single statesmen among the lot of them just a bunch of politicians doing what they do best in Washington DC.

As I posted earlier have 5 set days on which the nomination is brought to a confirmation vote; 20 days after, 40 days, 60 days, 90 days, and 120 days. It is automatically brought to a vote the first sitting of the Senate 60 days after the nomination. The Senate by 75 votes can bring it to a vote 20 days after the nomination, by 67 votes 40 days after, by 34 votes 90 days after, and by 50 votes delay the confirmation vote till 120 days after appointment. Super majorities can bring a nomination forward in time and minorities can delay the confirmation vote. Majorities can not suppress the minority and the minorities can not block the majority. The Senate has every right to confirm and every right to reject but no right to do this routine they do for everything now. Congress has become not just dysfunctional but almost inoperable.

I would change the vote needed to confirm judicial appointments. For the lower courts and appeal courts a 2/3 majority of those senators present and voting with at least 51 senators voting. For all Supreme court appointments an absolute 2/3 majority or 67 votes for confirmation.


US Judicial Appointments

scaliaAs I have posted before, a different way then how senate confirmation of presidential appointments are currently done. This idea occurred to me after the nomination of Judge Bork by President Reagan. The Senate has every right to confirm, every right to reject, but no right to not vote in a timely matter. What the Democrats did then and what the Republicans in an even worse way intend to do now is wrong! For good reasons, bad reasons, or no reason the Senate is to confirm or reject every appointment made by any President of the United States.

This should be the process. After President Obama nominates someone to fill the vacancy on the Supreme court created by the death of Justice Scalia the Senate holds a vote to determine when the Senate holds a confirmation vote. There are 5 set days, 20 days after the appointment, 30 days, 40 days, 60 days, or the first sitting of the Senate 80 days after the appointment. The default is the middle setting of 40 days or some 8 weeks after the appointment the Senate will vote to confirm or reject the nominee. By super majorities the Senate can advance the vote to 30 days after nomination with the vote of 67 Senators or only 20 days after appointment by a vote of 75 Senators. By minorities the Senate can delay the vote to 60 days after nomination with the vote of 33 Senators or till 80 days after appointment by a vote of 50 Senators.

All confirmation votes of Presidential judicial appointments will occur on the first sitting of the Senate that’s 20 / 30 / 40 / 60 / 80 days after the President nominates someone to fill a vacancy in the federal judiciary. The minority can delay a vote but not block it and super majorities can advance that vote but not ram it through. Each appointment gets confirmed or rejected no early then 4 weeks to no longer then 16 weeks after the nomination by the President. One change I’d make would be for judicial appointments to require a 2/3 majority for confirmation. For the federal bench a 2/3 majority of the Senate present and voting and for the Supreme court an absolute 2/3 majority or at least 67 votes to confirm.