Coalition to End Judicial Filibusters
Open Letter to the U.S. Senate
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May 19, 2005
United States Senate U.S. Capitol Washington, DC Dear Senators: As the representatives of millions of American voices, we write to urge you to move forward with judicial filibuster reform at the earliest possible time and well before a Supreme Court vacancy should occur.
We believe that short of a compromise that guarantees an up or down vote at the end of debate, the Constitutional Option proposed by Senate leadership will serve to honor the Constitution, restore Senate tradition, and protect judicial independence.
We believe that generations of Americans are called at moments to lay foundations for the future, and that this is one such moment.
The independence of the judiciary was a core reason for our national birth. The threat to the independence of the judiciary was high among the grievances that our Founding Fathers listed to King George III in the Declaration of Independence.
In recent times, partisan special interests have threatened judicial independence again by inserting ideology into the Senate confirmation process of federal judges. Now the Minority has changed 215 years of Senate tradition by abusing the filibuster for the first time against nominees with clear majority support.
We believe that in the hierarchy of conservative principles, the judiciary’s independence is primary. The Senate must act as steward of the federal courts by returning the power to confirm judges to the Constitution’s simple majority requirement. While it is the right of the President to expect the Senate to give Advice and Consent within a reasonable period of time, it is the duty of every Senator to offer Advice and Consent through an honest, up or down vote.
Moreover, the unprecedented abuse of the filibuster is a device intended to undermine the prerogatives of the Presidency as well as the tradition of the Senate. It must not stand. You must not waver.
The President, this President, must have the freedom to nominate appellate judges and Supreme Court justices who will restore the courts to their constitutional role.
We are convinced that the Constitutional Option restores Senate tradition and that the proof of history is overwhelming that this conservative initiative will not threaten but will restore Senate debate rules and tradition. As you know, unlimited debate in the Senate ended in 1917 when President Wilson demanded that the Senate not use the filibuster on a matter of national security. The last amendment to the cloture threshold came in 1975 – thirty years ago. For three decades, there has been a broad consensus supporting that threshold, at least for legislative filibusters. In 1995, only nineteen (19) Democrat senators voted to impose a 51vote rule to end debate after three weeks. That proposal’s purpose, however, was to limit the legislative filibuster. Senate Republicans were a new majority that year, but unanimously opposed the change. The Democratic leadership and a majority of Senate Democrats joined Republicans in opposing the proposal, demonstrating again the two century old consensus on maintaining the legislative filibuster.
That failed vote in 1995 and the absence of any other amendment efforts for three decades is ample evidence of bipartisan agreement to preserve the legislative filibuster. Clearly, however, the partisan abuse of the cloture rule in the last Congress to obstruct honest votes on judicial nominees has fractured the consensus as to filibusters on nominations. We understand that Article I of the Constitution allows the Senate to adopt rules for itself, but that right belongs to this Senate as much as it did to the first Senate. We call for a restoration of Senate traditions, returning to the majority vote on Advice and Consent the Constitution mandates.
We ask you also to put partisan advantage aside. While there is no doubt that the Minority’s filibusters have helped Republicans win recent elections, we are certain that Republicans will do the right thing for themselves and the Nation by ending the partisan obstruction now.
We call on the Senate Leadership and the Republican Majority to act to end the filibusters on appellate nominees now, and well before a Supreme Court vacancy occurs.
Sincerely,
C. Boyden Gray, Committee for Justice Dr. John C. Eastman, The Claremont Institute Center for Constitutional Jurisprudence Harvey Tettlebaum, Republican National Lawyers Association James J. Fotis, Law Enforcement Alliance of America Paul Weyrich, Free Congress Foundation Dr. James Dobson, Focus on the Family David A. Keene, American Conservative Union James D. Daly, Focus on the Family Tony Perkins, Family Research Council Connie Mackey, Family Research Council Gary L. Bauer, American Values Grover Norquist, Americans for Tax Reform L. Brent Bozell III, Conservative Victory Committee Dr. William A. Donohue, Catholic League for Religious and Civil Rights Jim Backlin, Christian Coalition of America Dr. Carl Herbster, AdvanceUSA Richard Land, Southern Baptist Ethics & Religious Liberty Commission Matt Kibbe, Freedom Works Jay Sekulow, American Center for Law and Justice Roy Innis, Congress of Racial Equality (CORE) Niger Innis, Congress of Racial Equality (CORE) Lanier Swann, Concerned Women for America Dr. Keith Wiebe, American Association of Christian Schools Brian McCabe, Progress for America Dr. D. James Kennedy, Coral Ridge Ministries Dr, Gary Cass, Center for Reclaiming America Phyllis Berry Myers, New Black Leadership Coalition Kay R. Daly, Coalition for a Fair Judiciary Jeffrey Mazzella, Center for Individual Freedom Rick Scarborough, Vision America Ron Robinson, Young America's Foundation Gary Marx, Judicial Confirmation Network James L. Martin, 60 Plus Association Peggy Nance, Kids First Coalition Bishop Keith Butler Pastor Rod Parsley, Center for Moral Clarity Fr. Frank Pavone, Priests for Life Rev. Louis P. Sheldon, Traditional Values Coalition Andrea Lafferty, Traditional Values Coalition Austin Ruse, Culture of Life Foundation Thomas Glessner, National Institute of Family and Life Advocates Leslee Unruh, Abstinence Clearinghouse Thomas A. Shields, Coalition for Marriage and Family Bradley Mattes, Life Issues Institute Warren Kelley, National Center for Freedom & Renewal
Robert B. Carlson, American Civil Rights
Union William Greene, RightMarch.com C. Preston Noell III, Tradition, Family, Property, Inc. Phil Burress, Citizens for Community Values Alvin Williams, Black America’s PAC (BAMPAC) Donald E. Wildmon, American Family Association Stephen M. Crampton, AFA Center for Law & Policy Bill May, Catholics for the Common Good Rev. Rusty Thomas, Eijah Ministries Dr. Patricia McEwen, Life Coalition International Rev. Keith Tucci, Life Coalition International Kelly Shackelford. Liberty Legal Institute Richard Ford, Heritage Alliance Karen Testerman, Cornerstone Policy Research Mathew D. Staver, Liberty Counsel Peter A. Samuelson, Americans United for Life Clarke D. Forsythe, Esq. AUL's Project on Law and Bioethics Gregory K. Blankenship, Illinois Policy Institute Irwin Essenfeld, Renew Illinois Foundation Mary T Erickson, Illinois Citizens for Life Thomas Smith, America 21 (Tennessee) Tom Brejcha, Thomas More Society, Pro-life Law Center (Chicago) Russell Johnson, American Restoration Project (Pastor, Fairfield Christian Church, OH) James E. Barrett, Michigan Chamber of Commerce Kris Mineau, Massachusetts Family Institute Diane Gramley, American Family Association of Pennsylvania Dr. Ed Johnson, Minnesota Association of Christian Schools Cathie Adams, Texas Eagle Forum Kenneth Endean, Maine Association of Christian Schools Michael N. Duff, United Families Idaho Brad Fleming, Maryland Association of Christian Educators Dr. Ronald Konopaski, United For Life- San Francisco Dr. Joe Haas, North Carolina Christian School Association Robert E. Regier, South Dakota Family Policy Council Kent Ostrander, The Family Foundation of Kentucky David Bydalek, Family First (Nebraska) Len Munsil, The Center for Arizona Policy Micah Clark, American Family Association of Indiana Gary Glenn, American Family Association of Michigan John Stemberger, Florida Family Action, Inc Joe Bob Mizzell, Alabama Baptist Christian Life Commission Tim Parish, Rocky Mountain Association of Christian Schools. Dr. Ken Hutcherson, Antioch Bible Church, Redmond WA William F. Large, Alaska Republican Party Grant M. Lally, Irish American Republicans Brian McCarthy, Irish-American Republicans Don A. Daughtery, Wisconsin Republican National Lawyers Association Chapter Maclin Davis, Tennessee Republican National Lawyers Association Chapter Mark E. Foster, Oregon Republican National Lawyers Association Chapter Craig Hymowitz, Philadelphia Republican National Lawyers Association Chapter Jefferson Knight, Florida Republican National Lawyers Association Chapter Paul D. Seyferth, Kansas Republican National Lawyers Association Chapter Frank B. Strickland, Georgia Republican National Lawyers Association Chapter William M. Todd, Ohio Republican National Lawyers Association Chapter Corey R. Weber, California Republican National Lawyers Association Chapter Thomas E. Wheeler, Indiana Republican National Lawyers Association Chapter William B. Sellers, Alabama Republican National Lawyers Association Chapter Brian T. Egan, New York Republican National Lawyers Association Chapter Ann Browning, California Republican National Lawyers Association Chapter Cameron Quinn, Virginia Republican National Lawyers Association Chapter Rhet Miles, Chairman of the Benton County, Arkansas, Republican Committee Ron Shuping, The Inspiration Television Networks Janet Parshall, nationally syndicated Radio and TV host Martha Zoller, Radio Talk Show Host and Political Analyst (Georgia) Kevin P. Doran, Radio Talk Show host (New York) Mike Siegel, Radio host and author of Power Talk: The Influence of Talk Radio Chris Dickson. "The Dickson/Chappell Report", (Midwest) Dom Giordano 1210 AM Radio (Philadelphia) Adam McManus, Radio Host of "Take A Stand" (Texas) Dave “Doc” Kirby, Radio Host (Alabama) Inga Barks, Radio Host (CA) Mark R. Levin, author of Men in Black Clint Bolick, Esq. (Arizona)
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