Filibusters of Judicial Nominations
Analysis of Constitutional Issues
The Senate cloture rule (Rule 22, paragraph 2) requires a super-majority vote to terminate a filibuster (i.e., extended debate). The Appointments Clause of the Constitution, which provides that the President is to "nominate, and by and with the Advice and Consent of the Senate … appoint" judges, does not impose a super-majority for Senate confirmation. Since it has the effect of requiring a super-majority vote on a nomination, because it usually requires the votes of 60 Senators to end a filibuster, it has been argued that a filibuster of a judicial nomination is unconstitutional. In the absence of (a) any…
