Filibustering the Filibuster: A Reexamination of the Legislative Role in Establishing a Fair Judiciary
Abstract
The separation of power is a fundamental characteristic of United States government. However, the mechanics of this separation are tested often, particularly in areas where branches of government directly collide.One such area is the judicial confirmation process, where the Senate, a body of the legislative branch, is charged with confirming or rejecting an executive’s appointment to the judicial branch. While the judicial confirmation process has always been affected by political ideology, the use of filibusters to halt judicial nominations has been practiced with more regularity in recent years. This paper scrutinizes the current state of the judicial confirmation process and the appropriate role of the Senate filibuster. It concludes that that theuse of Senate filibusters to halt judicial nominations is not in the best interest of the judiciary and instead proposes a 60-vote standard for confirming federal judicial nominations.Authors who publish with this journal agree to the following terms:
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