With Arlen Specter switching parties and Justice Souter retiring, a very interesting wrinkle has arisen. It seems that the arcane rules of the Senate Judiciary Committee require at least one minority vote to bring any matter to a vote, so if the minority stands united against a nominee, they can block him from being passed to the full Senate. Until this week, the Democrats could surely have trusted Specter to be that minority vote, but he can no longer serve them in that capacity.
Although it’s interesting to contemplate, it strikes me as very unlikely that the Republicans would exercise this option, particularly for a Supreme Court nominee. But it would be very much in keeping with the escalating conflict over confirmations during the past twenty-two years.
(Via Instapundit.)
Internet Scofflaw 