A recurring theme in the first year of the Obama administration has been the refusal of the Republican Party to work in good faith with President Obama and the Democratic Congress. A new article by Doug Kendall in Slate points out another area in which Republican obstructionism has wreaked havoc on not just Democratic plans but political norms as well:
The emerging Republican strategy is to hold these uncontroversial nominees hostage as pawns in the larger war over President Obama’s agenda and the direction of the federal judiciary. The Senate operates according to a set of arcane rules that allows a minority party to bring the institution to a halt if it chooses to do so. Most bills and nominations pass through the Senate with no debate and only a voice vote on the Senate floor. But this requires every senator to play along. By stonewalling on every nominee so far, Minority Leader Mitch McConnell, R-Ky., is requiring his counterpart, Sen. Reid, to negotiate, or devote precious floor time, for every judicial confirmation.
This is unprecedented and dangerous. There are already 95 vacancies on the federal bench at a time when there is bipartisan agreement that we need more judgeships. The last thing we need is for existing seats in overworked courts to go unfilled.
Even more important, Republican obstruction of uncontroversial nominees undermines the one part of the judicial confirmation process that was still working, until now. Well-qualified nominees who enjoy bipartisan support should be able to count on a fair and relatively smooth Senate confirmation process. This is critical because while they’re waiting, the careers of these nominees go on hold. Given the demands of the bench, and the gap between judicial salaries and what these candidates could earn in private practice, the nation is already lucky that top candidates are willing to serve. If we throw in an unpredictable and lengthy confirmation process, the quality of the federal bench—and the dispensation of justice—will unquestionably suffer.
As Kendall points out, while politics have always played a role in the judicial confirmation process, the extent to which Republicans have played it is unprecedented. When Democrats controlled Congress during the Bush administration, a large number of Bush’s nominees zipped through the proceedings. Uncontroversial nominees were treated as exactly that – qualified judges who deserved to be confirmed without political gamesmanship.
Contrast that with what Republicans have done so far. Only three of President Obama’s 22 lower court nominees have been confirmed, a staggeringly low number especially considering there are already 95 vacancies waiting to be filled.
The GOP obstruction of Obama’s judicial nominees underscores just how little compunction the Republican Party has about playing politics — exactly the kind of stance that got them booted from power. For every Olympia Snowe who votes her conscience and is willing to cross partisan lines to do so, there are, well, 39 others who march in rejectionist lockstep. The strategy may win them the devotion of the hardcore base, but it’s hardly a recipe for long-term success.