Trebuchet
Penultimate Amazing
It should be. The question is, how do you actually accomplish that.
If you give the tack of selecting judges over to some non-elected group to make the pic, then people will suggest that you're being run by a bunch of un-elected people.
The U.S. HAD a good method of selecting judges... nominated by the president but had to be approved by 2/3rds in the senate... so even if there was some partisanship, you couldn't get a nominee through without at least some support from the opposing party. But Moscow Mitch blew that up... first by obstructing Obama, then by eliminating the 2/3rds requirement.
Perhaps what is needed is a constitutional amendment (if that could ever get through) restoring the 2/3rds requirement, and limiting the amount of obstruction that the Senate can apply.
Have nits, must pick.
First, there's no supermajority requirement for approving an appointment. 50 votes plus the Veep will do it.
The supermajority, which is 60 votes, not 2/3, applies to cutting off debate, ending a filibuster. This isn't a constitutional requirement, just a Senate rule. Amending the Senate rules to allow a simple majority to cut off debate, what is known as "The Nuclear Option" is something that used to be unthinkable but has now become routine.
And, IIRC, it was the Dems who first used it.
IMO no Supreme Court justices will ever be appointed if they are nominated by the Democratic Party and the Senate is GOP held.
If there is a prospect of the GOP losing control of the Senate, I can also see them changing the rules so that a super-majority is required to secure an appointment, they can always revert to the original rules in the event that they don't lose their majority.
Not just SCOTUS. Moscow Mitch will refuse to confirm any Federal Judges at all.
Last edited:

