ACLJ Report: U.S. Senate Can Assert Simple Majority and Immediately End Filibusters of President Bus
May 6, 2003
Washington, DC (ACLJ) — The American Center for Law and Justice, an international public interest law firm, today announced in a report just released that a simple majority in the U.S. Senate – 51 Senators – could act immediately to end filibusters in the Senate over two of President Bush’s nominees and move those nominations to the full Senate for a vote.
The ACLJ, which has prepared a detailed legal analysis of options available to end the gridlock over judicial nominees, today presented its findings to members of the U.S. Senate including Sen. John Cornyn (R-TX), who as chairman of the Senate Judiciary Subcommittee on the Constitution, is holding a hearing today on the judicial confirmation process.
“The simple majority principle presents the clearest and best resolution of this conflict involving judicial nominees,” said Jay Sekulow, Chief Counsel of the ACLJ. “It is clear through our research and legal analysis that a simple majority of the Senate may determine the rules by which it proceeds and may bring an immediate end to the filibusters. While the Constitution gives great latitude to Congress itself on how to operate, there is nothing in the Constitution to prevent a simple majority of Senators to act to change their rules and bring an end to the obstructionist tactics being used against nominees.”
Sekulow said: “It is our hope that a simple majority in the Senate assert its authority and act to bring an end to a destructive strategy aimed at the confirmation process – a process that is clearly broken.”
After weeks of research, the ACLJ has presented a 36-page report to members of the U.S. Senate entitled: An End to Nomination Filibusters and the Need for Cloture Motions: Terminating Debate on Confirmation of Judicial Nominees by the Vote of a Simple Majority.
In its report, which is posted at www.aclj.org, the ACLJ examined a number of alternatives available to Senators including seeking approval of the Senate to amend Senate Rule XXII, which requires a two-thirds supermajority to change the rule of 60 votes needed to invoke cloture and end a filibuster. The ACLJ also examined the option of litigating the constitutionality of Senate Rule XXII. And, the ACLJ examined a third option – a decision by the majority in the Senate to assert its authority and move immediately to end the crisis.
The ACLJ concluded that the “clearest and best resolution of the present conflict” is the simple majority option. The ACLJ determined that there is existing legal and Senate precedence that would permit the majority to act – relying on a simple majority – 51 Senators – to change Rule XXII, bring an end to the filibusters, and call for a vote by the full Senate on Miguel Estrada and Priscilla Owen – two nominees who are being blocked.
“There is no easy solution to resolving this current conflict,” said Sekulow. “However, there is significant reason to believe that if a willing majority acted immediately to resolve this crisis, those efforts would succeed and survive any legal challenges that may be brought.”
The American Center for Law and Justice is an international public interest law firm specializing in constitutional law. The ACLJ is based in Washington, D.C.
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