I emailed Allen and Warner on the filibuster issue. Haven't heard back from Warner, but I got the following canned response from Allen. Didn't expect to see anything I'd agree with and he didn't disappoint. My comments are interjected in brackets:
"Thank you for contacting me regarding proposals to change the filibuster rule in the Senate. I appreciate your concerns and value the opportunity to respond.
The United States Senate has a very important function of confirming Presidential appointments, particularly to the federal bench. Any qualified individual nominated for a seat on a federal court should get a full and fair hearing both in the Senate Judiciary Committee and on the floor of the Senate.
I believe that a vigorous debate about judicial nominees is appropriate, but the blatant obstruction of a judicial appointment is both unfair to the nominee and unfair to the process. It is the role of the Senate to advise and consent, not to delay and obstruct.
As you may be aware, recent discussion has mentioned the possible use of a parliamentary change that would allow for a vote on judicial nominees. This “Constitutional option” or “nuclear option”, as some have referred to it in the media, would allow the Senate to have a simple majority vote as required by the Constitution on a judicial nomination. Currently, some Senators are choosing to filibuster judicial nominations in order to prevent a final vote on their nominations. Under the current rules, filibusters are defeated when a motion of cloture is passed by a supermajority of 60 votes. Therefore, in order to have a simple up or down majority vote on a qualified judicial nominee, the Senate must first pass a motion of cloture which far exceeds the 51 votes required by the Constitution. The Constitutional option would permit the Senate an up or down vote following the ruling of the Senate’s presiding officer. This common-sense approach will allow the Senate to consider the qualifications of a potential judge, while still affording the minority the opportunity to make its views known.
I recognize the importance of debate within the Senate chamber and its longstanding tradition in the Senate. I support the use of the “Constitutional option” should judicial nominations continue to be flagrantly obstructed. I have always encouraged free and open discussion by my colleagues on all of the issues. While I am aware that it is their responsibility to make their views known on behalf of their constituencies, it is also important to recognize that it is our duty to the nation as the Senate to ensure that judicial nominees get a fair up or down vote.
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