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And the D.C. Circuit Filibusters Begin

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Senate Republicans have followed through on their threat to block Obama’s attempt to usurp the constitutional order by using his mythical so-called “Article III” powers to engage in the unprecedented action of nominating judges to fill vacancies. Today, it was Patricia Millett:

Senate Republicans filibustered one of President Barack Obama’s top judicial nominees on Thursday, the clearest sign yet that the Senate may be heading for a messy partisan showdown that could result in Democrats revamping Senate filibuster rules.

The Senate voted 55-38 to advance D.C. Circuit Court nominee Patricia Millett. Democrats needed 60 votes to clear a procedural motion, which meant they needed at least five Republicans to join them. In the end, only two did: Sens. Susan Collins (Maine) and Lisa Murkowski (Alaska). Three senators voted “present.”

Again, Millett “lost” with 55 yes votes and 38 against. The question is how much longer Senate Democrats will tolerate this behavior, particularly since Republicans aren’t even really bothering to pretend that there’s any issue with the nominees other that they were selected by a Democrat. This is a good sign:

Just before the vote, Leahy, the chair of the Senate Judiciary Committee, railed against Republicans for planning to filibuster an “outstanding” nominee like Millett. He warned that Democrats may be forced to take “drastic measures” if Republicans keep obstructing key Obama nominees for political reasons, suggesting that Democrats may change Senate rules to strip Republicans of their power to filibuster certain nominees.

“If the Republican caucus finds that, despite her amazing, stellar legal reputation and commitment to her country, that somehow a filibuster is warranted, I believe this body will need to consider anew whether a rules change should be in order,” Leahy fumed.

More of that, please.

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