The confrontation over judicial filibusters is the greatest
single constitutional issue to confront the Senate in our
lifetime. That is because this issue involves the relationship
between the Senate and the Presidency, and the relationship
between the Senate and the courts. It involves all 3 branches of
government! In addition, it involves interaction between
majority and minority parties within the Senate itself. The
Senate confronts many significant issues every year, but none of
them touches the grand institutions of American democracy the
way this one does. The President has the constitutional
obligation to appoint judges. And the Senate has constitutional
responsibility to offer its advice and consent. For 214 years,
the Senate gave every nominee brought to the floor a fair up or
down vote. Most we accepted, some we rejected. But all those
nominees got a vote. In the last Congress, however, the minority
leadership embarked on a new and dangerous course. They
routinely filibustered 10 of President Bush's