Tuesday, November 12, 2013
The Senate failed to break a Republican-led filibuster today on President Obama's nomination of Nina Pillard to the D.C. Circuit. The vote on the cloture motion was 56-41, but 60 votes are needed to close debate.
The move marks the second time in two weeks that Republicans have successfully filibustered President Obama's nominees to the D.C. Circuit. The last failed cloture vote came on October 31, on Patricia Millett's nomination.
Republicans complain that the President is trying to "stack" this court, often called the second most important court in the country. But that's not exactly right: Democratic Presidents still have a ways to make up with their nominees on the court, as we explained here. The American Constitution Society's JudicialNominations.org has more information about judicial vacancies, including the D.C. Circuit, here.
No word whether the Democrats will use the nuclear option (and eliminate the filibuster for judicial nominations), but TPM Livewire reports that Senate Grassley "dared Democrats to 'go ahead,'" warning that such a move would make it easier for future Republicans "to appoint judges like Antonin Scalia."