On the recordApril 15, 2002
a resident of Utah has commenced a civil action against the Senate, Senator Daschle, and Senator Lott in Federal court in Utah to challenge the Senate's procedures for handling judicial nominations. Specifically, the plaintiff alleges that the practice of nominations that have not been reported out of committee over the past 5 years not being voted on by the full Senate violates the Senate's constitutional duty to advise and consent to nominations. The plaintiff asks the court to order the Senate to change its rules for considering judicial nominations. The Senate's practices for handling controversial nominations present a subject appropriate for robust debate both within the Senate and among the public at large. However, they do not present a justiciable issue for the courts in this case. This resolution would authorize the Senate Legal Counsel to represent the defendants in this action to protect the Senate's prerogative to fashion its own rules for the exercise of its confirmation duties under the Constitution.
Source
govinfo.gov




