With just a few small tweaks to the rules, filibuster reform proponents believe, the U.S. Senate could eliminate the gridlock afflicting the federal judicial confirmation process: no more senators anonymously blocking nominations; no more threats to tie up the Senate for days just to confirm a single trial judge. But, given the Senate’s history of failed filibuster reform, the Democratic senators pushing the main reform package know they face a difficult challenge.
Although senators can use filibusters to stall any type of legislation, reform proponents are highlighting the way the process has turned federal judicial nominees into political hostages, kept the courts short-staffed and discouraged the best candidates from applying for judgeships.On the surface, the political momentum appears favorable to busting down the filibuster. Senate Majority Leader Harry Reid (D-Nev.) supports reform, and supporters claim to have enough votes to pass their modest, scaled-back proposal. But change won’t come easily to an institution whose members tend to be protective of their privileges.
