The Nuclear Option
Checks and Balances
The current Republican threat of ending the filibuster for judicial nominations is undemocratic and troubling to the UFCW. When the founding fathers established the Senate, it was intended to be a deliberative body of equals. The filibuster was put in place to give the minority party the ability to stop the majority from running roughshod over minority rights and damaging the country. Since the beginning of the Bush Presidency, Senate Democrats have approved 206 judicial picks - more than 95%. They have used the threat of a filibuster to block the nominations of only 10 unfit federal nominees. This is the true definition of checks and balances -- without the filibuster, this would be lost.
Standing Rules
The 216 year-old Standing Rules of the Senate govern how the Senate conducts business. Unlike in the House of Representatives, these Standing Rules do not end with each legislative session. The Senate's Standing Rules carry over from session to session. Under Senate Rules, unanimous consent of the chamber is required to conduct most day-to-day business.
Breaking the Rules
Changes to the Senate Rules that govern how filibusters are ended require a two-thirds majority, or 67 votes. Under the rules, floor debate can be ended with the vote of 60 senators. Changing this practice requires a supermajority of 67 votes. The only way to change the Standing Rules with a simple majority of only 51 is to break the Senate's Standing Rules.
Effect on Working Families
Judicial nominees, if confirmed, could review cases involving minimum wage and overtime pay, workplace safety and discrimination, and workers' rights to form unions to gain a voice at work. Virtually every workplace law enacted in the last 75 years could be challenged by wealthy business interests. The filibuster was implemented in order to ensure a careful and honest review of judicial nominees. It is essential that the filibuster stays in place to make sure that judicial nominees are carefully selected. Working families require a fair-minded judiciary and urge the Senate to maintain the judicial filibuster.
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