On the recordMay 17, 2011
several years ago we faced a confirmation crisis in the Senate. The majority at the time, the Republicans, were frustrated with the inefficient way the Senate was performing our constitutional duty of confirming Presidential nominees. Many of my colleagues on the other side of the aisle passionately argued that all judicial nominees deserve an up-or-down vote on the Senate floor. In their frustration, they threatened to dramatically change the purpose of the Senate and the minority protections for which it was designed. That would have, in a manner of speaking, blown up the institution. That is why it was known as the nuclear option. In the heat of this battle, several courageous Senators, Democrats and Republicans, agreed to a standard that would preserve the traditions of this great body, the Senate. They ensured the Senate could still provide the President its advice and consent, as the Constitution requires. The agreement was significant but very simple. It was this: Except in extraordinary circumstances, those nominated to be Federal judges would get an up-or-down vote. The minority would not stand in the way of that vote. The agreement was grounded in common sense. So far, in most cases, both sides have generally upheld that agreement. The nomination about to be before us, however, is not one of those cases, and that is the nomination of Goodwin Liu. Goodwin Liu is an extremely well-qualified public servant and an impressive legal scholar.…





