Will Sen. Grassley Flip On Judicial Filibusters?
On May 26, 2009, Sen. Chuck Grassley (R-IA) issued a statement on the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court. Just four years ago, Grassley fought to end judicial filibusters, writing: "History has proven the wisdom of having the President place judges with the support of the majority of the Senate." Will he remain consistent in his position?
Grassley: The Last 25 Years "Has Been Entirely Different Than The First 200 Years"
Grassley Statement: "A lifetime appointment requires a thorough vetting, and I expect Judge Sotomayor to receive fair and deliberative consideration. The United States Senate has a responsibility to carefully review nominees to the Supreme Court. The Judiciary Committee should take time to ensure that the nominee will be true to the Constitution and apply the law, not personal politics, feelings or preferences. We need to ask tough questions to learn how this individual views the role of a Supreme Court justice. The last 25 years of Senate review of nominees has been entirely different than the first 200 years, and today the Senate can't just be a rubber stamp for President Obama's nominees." [Grassley Statement, 5/26/09; emphasis added]
However, when Republicans were in the majority, Sen. Grassley felt differently about the significance of "the first 200 years" of U.S. history. In 2005, he wrote: "History has proven the wisdom of having the President place judges with the support of the majority of the Senate."
In 2005, Grassley Supported Majority Vote For Judges
Sen. Grassley Touted "The Wisdom Of Having The President Place Judges With The Support Of The Majority Of The Senate." On May 8, 2005, Sen. Grassley wrote: "History has proven the wisdom of having the President place judges with the support of the majority of the Senate. That process ensures balance on the court between judges placed by Republican Presidents and those placed by Democrat [sic] Presidents. The current obstruction led by Senate Democratic leaders threatens that balance. It's time to make sure all judges receive a fair vote on the Senate floor." [Grassley.Senate.gov, "Talking Judges to Death," 5/8/05; emphasis added]
In 2009, Grassley Shifted Positions, Supporting The "Schumer Rule"
Sen. Grassley Said The Filibuster "Ought To Be Taken Into Consideration." On May 5, 2009, The Hill reported that Sen. Grassley would consider "the 'Schumer Rule,' a tactic used by Sen. Charles Schumer (D-N.Y.) when he opposed judicial nominees because of legal or political ideology. Grassley told The Hill in a wide-ranging interview Monday that Republicans should adopt the 'Schumer Rule,' which means he is more open to using the filibuster. 'I think you have to adopt the Schumer Rule that he established in 2002, I think it was, that what people believe actually ought to be taken into consideration [when deciding whether to filibuster],' Grassley said." [The Hill, 5/5/09; emphasis added]
Sen. Grassley can't seem to decide on a position. Will he support a filibuster on Judge Sotomayor's nomination or will he remain consistent in his belief that every nominee deserves "a fair vote on the Senate floor"?
