Judicial Confirmation Process

Senator Byrd and others spoke about the role of the filibuster rule in protecting minority rights in the U.S. Senate and providing a counterbalance to presidential power. They talked about the history of the filibuster rule, the Constitution’s provision for the Senate to make its own rules for debate, and historical precedents set in other debates that invoked the filibuster rule. They also talked about how filibusters had enhanced representative democracy in British and American history and the threat posed by the elimination of the rule. Following their remarks they answered questions from the audience.

The forum was held as Republican members suggested that Senate rules be changed to eliminate the filibuster rule only for confirmation votes on judicial nominations. These suggestions held out the possibility of invoking the “nuclear option” to change the Senate rules, whereby the Senate would change its rules by a majority vote or a ruling from the president of the Senate in the close