President Bush’s first term saw a number of his judicial nominees filibustered by Senate Democrats who refused to allow the chamber to give the appointees up or down votes. This filibustering went on even though, in many cases, those appointees had the support of a majority of Senators and would have been confirmed. The new session of the Senate that begins in January will see Republicans trying any number of options to put an end to the delaying tactics. Senator Kit Bond says one of those is the so-called “nuclear option,” which would lower the number of Senators needed to end filibusters from 60 to 51. Bond says he would favor such a move because he believes the Constitution requires nominees to be given up or down votes … adding the appointments are not legislation that can be filibustered.
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