NV Senator Ensign's Position on the Filibuster
this is the reply i received to an email i sent to nevada senator john ensign urging his support in retaining the filibuster... the reply contains a very interesting statement...
"I believe the
use of the filibuster in approving or disapproving judicial nominees is
unconstitutional. Please be assured we are looking at every option to
stop this practice including legal action."
unconstitutional...?? the constitution clearly states that the senate can make its own rules...
"The President has introduced a plan..."
any bets on where the idea for that plan came from and who was the principal reviewer...?
also, does anybody know how many federal judgeships are currently open...?
-------------
Dear :
Thank you for contacting me regarding filibustering judicial nominees in the Senate. I appreciate the opportunity to hear your concerns.
The Constitution gives both the President and the Senate authority over the appointment of federal judges to U.S. courts of appeal and the U.S. district courts. The President is authorized to make judicial selections "by and with the advice and consent of the Senate." The current Senate's rules place no limit on how long consideration of a nomination may last. Opponents of a nomination are able to use extended debate or other delaying actions to prevent a vote from occurring. This is what is known as a filibuster.
President Bush has placed high priority on winning Senate confirmation of his judicial nominees, and has announced a series of proposed changes to the judicial nomination process. The President has said, "Our federal courts today are in a crisis. The judicial confirmation process does not work as it should. Nominees are too often mistreated; votes are delayed; hearings are denied. And dozens of federal judgeships sit empty, and this
endangers the quality of justice in America." Additionally, the Chief Justice of the U.S. Supreme Court recently warned that the current number of vacancies, combined with the rising caseloads, threatens the proper functioning of the federal courts. He has asked the Senate to provide every nominee with a prompt up-or-down vote.
As you are aware, several of President Bush's judicial nominees have recently been unable to receive a Senate vote. Recently, Miguel Estrada withdrew his nomination after months of unprecedented and unreasonable partisan maneuvering. Although a majority of Senators supported his confirmation, opposing Senators have obstructed this vote by employing filibuster tactics. It is a source of great shame for the United States Senate that this highly dedicated, highly qualified individual has been the subject of such an organized, bitter, partisan attack. I believe the use of the filibuster in approving or disapproving judicial nominees is unconstitutional. Please be assured we are looking at every option to stop this practice including legal action.
The President has introduced a plan that would require the Senate
Judiciary Committee to hold a hearing on every nomination within 90 days of Presidential referral. This deadline would apply regardless of who is President and which party controls the Senate. The plan would also require the full Senate to hold a vote within six months of the Senate's receipt of a nomination. The intent of the proposal is to ensure all Senators have the opportunity to review the nomination and to ensure the nomination process takes no more than twelve months after the President learns of a judicial vacancy.
As President Bush continues to nominate judicial candidates, I will look closely at their qualifications, philosophies, and character, to ensure that the best men and women fill these important positions. It is essential that only the finest individuals be selected to serve our nation as federal judges. It is imperative that the Senate allow our judicial system to remain the hallmark of deliberative governance rather than the central target of partisan politics. In the near future, it is my hope that we can reach an end to this crisis and our judicial system can properly attend to our nation's business.
Once again, thank you for contacting me on this very important issue. Should you have any other questions or comments or would like to contact me in the future regarding another issue, please do not hesitate to either write or e-mail me via my website at http://ensign.senate.gov.
Sincerely,
JOHN ENSIGN
United States Senator Submit To Propeller
Tweet
"I believe the
use of the filibuster in approving or disapproving judicial nominees is
unconstitutional. Please be assured we are looking at every option to
stop this practice including legal action."
unconstitutional...?? the constitution clearly states that the senate can make its own rules...
"The President has introduced a plan..."
any bets on where the idea for that plan came from and who was the principal reviewer...?
also, does anybody know how many federal judgeships are currently open...?
-------------
Dear :
Thank you for contacting me regarding filibustering judicial nominees in the Senate. I appreciate the opportunity to hear your concerns.
The Constitution gives both the President and the Senate authority over the appointment of federal judges to U.S. courts of appeal and the U.S. district courts. The President is authorized to make judicial selections "by and with the advice and consent of the Senate." The current Senate's rules place no limit on how long consideration of a nomination may last. Opponents of a nomination are able to use extended debate or other delaying actions to prevent a vote from occurring. This is what is known as a filibuster.
President Bush has placed high priority on winning Senate confirmation of his judicial nominees, and has announced a series of proposed changes to the judicial nomination process. The President has said, "Our federal courts today are in a crisis. The judicial confirmation process does not work as it should. Nominees are too often mistreated; votes are delayed; hearings are denied. And dozens of federal judgeships sit empty, and this
endangers the quality of justice in America." Additionally, the Chief Justice of the U.S. Supreme Court recently warned that the current number of vacancies, combined with the rising caseloads, threatens the proper functioning of the federal courts. He has asked the Senate to provide every nominee with a prompt up-or-down vote.
As you are aware, several of President Bush's judicial nominees have recently been unable to receive a Senate vote. Recently, Miguel Estrada withdrew his nomination after months of unprecedented and unreasonable partisan maneuvering. Although a majority of Senators supported his confirmation, opposing Senators have obstructed this vote by employing filibuster tactics. It is a source of great shame for the United States Senate that this highly dedicated, highly qualified individual has been the subject of such an organized, bitter, partisan attack. I believe the use of the filibuster in approving or disapproving judicial nominees is unconstitutional. Please be assured we are looking at every option to stop this practice including legal action.
The President has introduced a plan that would require the Senate
Judiciary Committee to hold a hearing on every nomination within 90 days of Presidential referral. This deadline would apply regardless of who is President and which party controls the Senate. The plan would also require the full Senate to hold a vote within six months of the Senate's receipt of a nomination. The intent of the proposal is to ensure all Senators have the opportunity to review the nomination and to ensure the nomination process takes no more than twelve months after the President learns of a judicial vacancy.
As President Bush continues to nominate judicial candidates, I will look closely at their qualifications, philosophies, and character, to ensure that the best men and women fill these important positions. It is essential that only the finest individuals be selected to serve our nation as federal judges. It is imperative that the Senate allow our judicial system to remain the hallmark of deliberative governance rather than the central target of partisan politics. In the near future, it is my hope that we can reach an end to this crisis and our judicial system can properly attend to our nation's business.
Once again, thank you for contacting me on this very important issue. Should you have any other questions or comments or would like to contact me in the future regarding another issue, please do not hesitate to either write or e-mail me via my website at http://ensign.senate.gov.
Sincerely,
JOHN ENSIGN
United States Senator Submit To Propeller
Tweet
posted by profmarcus at
4/04/2005
