Washington, DC—Today, Senator Harry Reid invoked the “nuclear option” on judicial nominations, not including nominations to the Supreme Court. Under the new rules change, a judicial nominee does not need to meet the 60-vote cloture threshold and can be confirmed by a simple majority vote.
“Today’s action by Harry Reid is frightening, and every freedom-loving American should be deeply concerned,” said Mat Staver, Founder and Chairman of Liberty Counsel. “Not only is the D.C. Circuit Court of Appeals considered a launching pad to the Supreme Court, this circuit court hears constitutional challenges to executive rules and regulations.”
With a keen memory of the Royal Prerogative, the power of the king of England to disregard acts of Parliament, the framers of the U.S. Constitution clearly stated the powers of the President in Article II, Section 3: “He shall take care that the laws be faithfully executed.”
“President Obama has been issuing ‘fixes’ and using ‘enforcement discretion’ to roll out his tyrannical overreach into healthcare,” says Staver. “Now he is trying to stack the court that would rule on his unconstitutional executive orders.”
“Not only is Obama’s power grab frightening, Reid’s use of the ‘nuclear option’ is the height of hypocrisy,” says Staver. “Senate Democrats filibustered the nominations of Miguel Estrada and Janice Rogers Brown to the D.C. Circuit in 2001 and 2003, respectively. At that time, Senate Democrats argued that the D.C. Circuit’s workload did not necessitate additional judges. Since then, the D.C. Circuit’s workload has actually diminished, yet Harry Reid invokes the ‘nuclear option’ so that three more judges can be added to the D.C. Circuit,” Staver explains
“One thing is clear, today’s change in Senate rules is about packing the D.C. Circuit with liberal ideologues that will transform it into a rubber stamp for anything the President wants.”
“Democrats rammed Obamacare through the House and Senate without Republican support. Today’s Senate rules change shows that Senator Reid has no intention of working with Republicans. Under our Constitution, the Senate has the obligation to provide advice and consent for Presidents’ judicial nominations. By suppressing the voice of the minority, Senator Reid has gutted the voice of the American people and given more power to our failing President. Our Constitution requires more; the American people deserve better,” Staver concludes
Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.
