Judicial Nominations

8 May 2005

I am still in support of an up or down vote on the judicial nominees and against the nuclear option. I would like to see an agreement between the Republicans and the Democrats about this topic. I think we need to diffuse the partisanship around this issue by calming down and working something out.

April 28 in The Hill you said “I’m ready to vote for the constitutional option. I would prefer that we reach a compromise that would allow the tempers to cool and we get back to a normal way of doing business.” Although I will defend which ever decision you make I would prefer as you would that we reached a compromise. I say defend because I do not support a vote for the nuclear option but realize that you are doing what you perceive is necessary to get these nominees a vote.

I ask you to please help with the efforts to reach a compromise. We are going in to dangerous territory by changing the cloture rule. What about the first time the Democrats have a chance to use our little rule change against us? We need to look at the possibility that we are miscalculating the public sentiment. I agree that the Family Research Council, Focus on the Family, and other groups like these have been very helpful in getting you elected. However, I believe that you were elected to represent first the wonderful people of South Carolinaand second, but equally important, the Nation. These groups represent a percentage of the population and we need to weigh their importance against everyone else. I think everyone's position deserves to be taken into consideration in making this decision.

I also believe that the future of the Senate should be considered very carefully because what we do now will effect the operation of the Senate for years to come. Changing the rules for these judges means that there will be no ability of any republican to filibuster judges. Although it is not something we ever plan to do, the option should still be open because we can reach a solution without changing the rules.

I believe that a remedy is provided by the Senate Rules. Rule XIXstates that "no Senator shall speak more than twice upon any one question in debate on the same legislative day, without leave of the Senate, which is non debatable." I feel that this rule is very plain and the Congressional Research Service interprets it this way: \"Limiting Senators to two speeches during the consideration of a nomination regardless of how many session days the nomination was pending would bring about a vote on a nomination.\"

I believe the two quotes above give us what we are asking for without changing the rules. This stricter enforcement of the rules provides us our vote without changing the rules.

I ask you to please carefully consider the option I present here because I think it is an appropriate path out of the current fight over nominations.