Senator McConnell promised consequences. The Senate is a body where many technical issues are usually passed by unanimous consent. If the Republican minority starts raising objections, it would make life in the Senate difficult for the Democratic majority.
Senator McConnell proved that on Wednesday. When a bill amendment is offered the clerk must read it unless no senator objects to skipping the reading. Reid put forward Senator Boxer’s substitute version (an amendment) to the Lieberman-Warner bill. McConnell objected, forcing Reid to either have the clerk read the whole thing or drop the bill. The Boxer substitute was 491 pages.
Judges were a major election issue in the 2002 and 2004 elections. Moderate voters believe judicial nominees are entitled to an up or down a vote, so the issue favored Republicans. The issue narrowly turned a couple Senate seats for Republicans, and helped President Bush win reelection. Then the issue faded.
Recent developments could reinvigorate this issue for November’s elections. California declared that there is a right to gay marriage in its state constitution; marriages are scheduled to begin in two weeks. And a week after that the U.S. Supreme Court is likely to hand down its decision on the D.C. gun ban in the Second Amendment case of D.C. v. Heller, which will be a wake-up call to millions of gun owners that federal judges have a lot to say about their constitutional rights.
These cases remind voters that judges matter. At least two Supreme Court justices are likely to retire over the next presidential term. Changing even one seat on the current Court would have profound effects. With courts determining basic issues like marriage and gun rights, millions of voters will consider the importance of judicial nominations in casting their vote if—but only if—the issue is presented to them clearly and forcefully.
Mitch McConnell is right to bring this issue to the attention of the American people. Judicial nominees deserve up or down votes, and McConnell should keep up the pressure until they get them.
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