For the third time in the last month, Senate Republicans have filibustered a qualified judicial nominee from a seat in the United States Court of Appeals for the District of Columbia Circuit. Why? Because President Barack Obama appointed him. Judge Robert Wilkins, like previous nominees Patricia Millett and Nina Pillard, received the highest rating from the nonpartisan American Bar Association but was denied a yes-no vote in the Senate. The filibuster follows a trend of Republican obstructionism throughout Obama’s presidency and should no longer be an option for a party who has traded congressional responsibility for abuse of political power.
The filibuster has been used a total of 1,300 times in the Senate since its conception. This time-wasting measure blocking action on everything from federal spending to judicial nominations has become increasingly popular since the 1970s, but its use has hit more recent record-breaking highs, with over 130 filibusters in Obama’s first year in office alone.
Senate Majority Leader Harry Reid is contemplating amendments to the chamber’s nomination rules. Fueled by the support of prominent Sen. Dianne Feinstein and Sen. Patrick Leahy, proposals have been made to require only 51 votes to halt filibusters against judgeships below the level of the Supreme Court, including nominees for the D.C. Circuit. Despite these growing calls to action, some senior Democratic legislators have expressed hesitancy towards the potential change, which is known as the nuclear option. Opponents, including seasoned Sen. Carl Levin, contend that the move could create self-inflicted wounds if Republicans win back the White House or the Senate.
The moment has arisen for the Democratic party to take action. Reluctant Democrats should consider the consequences of inaction as they discuss the potential change in the coming days. If they stand idly by while Republicans irresponsibly bend the rules, Obama’s nominees will continue to lose confirmation. More concerning though is how Republicans have stated they would not hesitate to use the nuclear option at the next opportunity, giving Democrats no other incentive but to act now or remain beholden to the mercy of polarizing Republicans.
Rather than accepting these obstructionist tactics as a permanent feature, Democrats must muster their strength and invoke the nuclear option. Although it is risky, the fight is worth having if Democrats intend to restore the legitimacy of Congress.
A version of this article appeared in the Wednesday, Nov. 20 print edition. Email the WSN Editorial Board at [email protected].
