Richard Shelby: “I rise tonight to speak on behalf of the President's right to select qualified judges of his choosing and the Senate's…”

“I rise tonight to speak on behalf of the President's right to select qualified judges of his choosing and the Senate's duty to provide advice and consent on these judicial nominees by means of an up-or-down vote on their confirmation. The quagmire in which we currently find ourselves I believe threatens the constitutionally-vested discretion of this and all future Presidents in appointing those judges they see fit. Second, it threatens the independence and effectiveness of the federal judiciary, and third, it threatens the future function and effectiveness of the United States Senate as the deliberative and distinguished institution it is today. Article 2, Section 2, Clause 2 of the United States Constitution vests the President alone with the power of appointing Federal judges 'with the Advice and Consent of the Senate.' Nowhere does the Constitution grant the Senate any power over selecting judicial appointments. A review of over 200 years of the Senate's history and practice makes it clear that the Senate's role in Presidential nominations is either to confirm or deny their appointment by means of an up-or-down vote on the floor--nothing more and nothing less. The unprecedented obstruction we are now experiencing is simply unjustifiable, I believe. Why not allow the President to do his job of selecting judicial nominees and let us do our job in confirming or denying them? Principles of fairness call for it and the Constitution requires it.”