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Judicial Watch Sues the US Senate For Misuse of Filibusters to Block Bush's Judicial Nominees
Judicial Watch’s objective is to have the court declare unconstitutional Senate Rules XXII and V when applied to judicial nominations. ![]()
For Immediate Release
May 3, 2005 Contact: Press Office 202-646-5172 JUDICIAL WATCH GOES TO COURT TO STOP JUDICIAL FILIBUSTERS Republican and Democrat Leaders Fight to Dismiss Lawsuit LINK (Washington, DC) Judicial Watch, the public interest group that investigates and prosecutes government corruption and monitors the judiciary, announced today that it has filed its opening brief in its lawsuit against the United States Senate related to the unconstitutional misuse of filibusters to block President Bush's judicial nominees. While Republicans in the Senate complain about the unconstitutional use of filibusters to block votes on judicial nominees, they are effectively preventing the courts from ruling against the tactic and are defending the use of filibusters in this court case. The Senate's defense in Judicial Watch's lawsuit was reportedly agreed upon by both Republican and Democrat leaders. After a minority of liberal Senators, for the first time in history, invoked the Senate filibuster rule in order to block an up or down vote on President Bush's judicial nominees, Judicial Watch filed a lawsuit against Senate on May 14, 2003 Judicial Watch, Inc. v. The United States Senate, et. al. (Civil Action 03-1066, U.S. District Court for the District of Columbia.). Judicial Watch's objective is to have the court declare unconstitutional Senate Rules XXII and V when applied to judicial nominations. Article II, Section 2 of the U.S. Constitution provides that a simple majority of the total number of U.S. Senators is required to confirm a judicial nominee. By invoking Senate Rule XXII, which requires 60 votes to end a filibuster, and Senate Rule V, which requires 67 votes in order to change Senate rules, Senate liberals are effectively imposing a new supermajority requirement to confirm judicial appointees. On October 6, 2004, U.S. District Judge Colleen Kollar-Kotelly took no position on the merits of the case, instead ruling that Judicial Watch had no standing to sue. Judicial Watch addressed the standing issue in filing its brief with the U.S. Court of Appeals for the District of Columbia Circuit. According to Judicial Watch's brief, the high number of vacancies in the federal judiciary has been cited as a serious issue for three consecutive years by Chief Justice Renquist of the U.S. Supreme Court, and is occurring at the same time the caseload of the federal courts is increasing. "The unprecedented initiation of a filibuster to block up or down votes on judicial nominees violates the Constitution," continued Fitton. "A liberal minority of Senators has hijacked the confirmation process, trampled the tradition of majority rule, and worsened an already critical judicial vacancy crisis. And now Republican and Democrat party leaders are working together in court to protect this illicit rule. One way or another, the misuse of filibusters must be stopped." To view a copy of the court brief, click here (Adobe Acrobat Reader required). |