Bachmann retirement eclipses bigger Congress showdown
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Robert Reich Guest blogger
Don鈥檛 be sidetracked today with the news of Michelle Bachmann鈥檚 decision not to run again. That鈥檚 small potatoes relative to the biggest political and economic issue 鈥� and showdown 鈥� emerging in Congress.
Some background: The Court of Appeals for the D.C. Circuit isn鈥檛 just the main feeder into the Supreme Court (four of the current nine justices served there before ascending to the Supremes) but, even more critically, is the court that reviews most major federal regulations 鈥� those emerging under Obamacare, Dodd-Frank, the Environmental Protection Agency, and hundreds of other laws and agencies.
Four of its current judges were appointed by Republican presidents; three by Democrats. It has three vacancies. Senate Republicans want to keep the current ratio of four to three, and have no interest in giving Obama a majority on this important court. They鈥檝e held up almost all of Obama鈥檚 court appointments, sometimes for years, effectively preventing him from putting his picks in the federal court system as elsewhere.聽
Now the President is nominating judges to fill all three of these crucial D.C. court of appeals vacancies at once. He鈥檚 also looking ahead at the strong probability that at least one Supreme Court justice, most likely Ruth Bader Ginsburg, will retire within the next two years, and he鈥檒l need to get a replacement through the Senate. 聽
Senate Republicans under the cynical direction of Mitch McConnell have abused the filibuster system, preventing votes on almost everything the President has wanted.
Harry Reid punted on changing the filibuster rules, but he could 鈥� and in my view now should 鈥� propose changing them for judicial appointments, which he can accomplish with the votes of 51 senators.
A president鈥檚 court picks shouldn鈥檛 require 60 Senate votes. The Constitution is quite specific about when 鈥渟uper-majorities鈥� are needed, and makes no mention of super-majorities for court appointments.
Reid is not known for his strong backbone, but here鈥檚 an instance where he owes his backbone to posterity. You might even write to him and tell him so.
