A group of seven Democrats and seven Republicans signed a deal on May 23, 2005, to avoid "nuclear fallout" from Senator Frist's plan to end filibusters on judicial nominees. In exchange for taking the "nuclear option" off the table, the deal cleared the way for three controversial appellate court nominees to be confirmed without threat of a filibuster. The three appellate court nominees were Priscilla Owen, Janice Rogers Brown, and William Pryor. NAF opposed these nominees because they are hostile to Roe v. Wade and because their confirmation threatens women' ability to choose safe and legal abortion. Although the deal allowed confirmation of three extreme nominees, it was also a defeat for the radical right who vehemently oppose the filibuster. While the threat of the "nuclear option" is not as imminent as it was before the deal was signed, Senator Frist has not ruled out invoking it in future judicial nominee fights.
Vacancies on the Supreme Court were on the minds of political leaders throughout the debate over the judicial filibuster. By signing the deal, the 14 Senators agreed that they would reserve the right to filibuster judicial nominees only in "extraordinary circumstances." The term was left undefined and is subject to interpretation by each individual Senator. Now that there is an empty seat on the Supreme Court, it will be particularly important for Senators to preserve and exercise their right to filibuster as the Senate moves through the confirmation process.
NAF believes that "extraordinary circumstances" exist for any nominee who would vote to overturn Roe v. Wade and fully expect that a bipartisan filibuster would be used to defeat such an extreme nominee.
Find out more about judicial nominations.
|
