FILIBUSTERING JUDGES, REDUX
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James Joyner | Friday, May 9, 2003 |
Juan Non-Volokh yesteday called the notion of suing to stop the filibuster of judicial nominees “the dumbest idea I have ever heard.” In response to this, several readers, including this blogger, e-mailed to ask for elaboration. I also pointed to this exchange I had with Brett Marston as a short explanation of why it might not be so dumb. He briefly responded last evening to several of the counter-arguments, including mine.
With respect to my point, he says that it is a rather classic “political question” of the type the courts tend to stay out of. I agree that this is the case, and made that argument with respect to the move by a few Democrats to forestall the Iraq invasion. The fact that the courts won’t tackle an issue, however, says nothing about the Constitutional merits of the claim.
About the Author: James Joyner is the publisher of Outside the Beltway and the managing editor of the Atlantic Council. He's a former Army officer, Desert Storm vet, and college professor with a PhD in political science from The University of Alabama. He lives just outside the Beltway in Alexandria, Virginia with his wife and infant daughter.
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If the courts do not want to intervene, then they probably would not intervene if the so called nuclear option is used and the Republicans approve all the judicial nominees with a simple majority after changing the rules.
True. I don't think anyone questions the legality of the Senate changing their rules so that, after four votes, it would comply with the Constitution.
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