Six weeks after Obama took office in 2009, all 41 Republican senators — just enough to sustain a filibuster — had signed a letter telling him they’d oppose any nominee for a judgeship unless Obama had advance approval of a Republican senator from the nominee’s state.
Obama had already consulted with Republican Sen. Richard Lugar of Indiana before nominating a federal district judge from Indiana, David Hamilton, to the federal appeals court for the 7th circuit. Yet McConnell lined up every other Republican against Hamilton.
For Obama’s entire first term, for example, Republicans prevented him from filling four vacancies on the D.C. Circuit Court of Appeals, second in prestige to the Supreme Court. They argued, as they had in the Clinton administration, that the D.C. court wasn’t busy enough for more judges. During George W. Bush’s presidency, however, Republicans had made sure the Senate confirmed three of his nominees to the court.
“You will regret this,” McConnell said. Just over three years later, as majority leader, McConnell had his party end the filibuster for Supreme Court nominees, too. President Trump’s three picks — Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett — wouldn’t have been confirmed otherwise.
Some Democrats blame Reid for opening the door to McConnell’s action in 2017. But anyone who thinks McConnell wouldn’t have gone nuclear absent Reid’s precedent hasn’t paid attention to just how far McConnell will go to capture the courts for conservatives.
In the year after Reid’s nuclear strike, the Democrats were able to place more than 100 Obama nominees onto the federal bench before losing their majority. Most of those nominations would have been blocked by the Republicans otherwise.
Republicans left the Nevada senator with little choice but to break the filibuster rule.
www.latimes.com