On the recordJuly 30, 2012
We just disallowed one of the best candidates for the appellate court in my 8 years since I have been in the Senate. Magistrate Judge Bob Bacharach is a stellar individual rated ``very highly qualified'' by the American Bar Association. What has happened is we are in the position today because of games that are being played, political games. Let me just put into the Record what is going on. There are three judges ahead of Bob Bacharach in line. We have had a Leahy-Thurmond rule for some 20 years. I have been quoted saying I think it is a stupid rule. But the background is that protecting the prerogative of the Senate is one of the most important things the majority leader can do. What we have seen happen with the lack of agreement this last holiday season over the moving forward of judges and their approval was the unconstitutional usurpation of power by the President of the United States in the appointment, during our pro forma sessions, of four individuals, one to CFPB and three to the NLRB. Quite frankly, if we look at what Madison wrote in Federalist 51: The great security against a gradual concentration of the several powers in the same branch of government consists in giving to those who administer each branch the necessary constitutional means and personal motives to resist encroachment of the others. Ambition must made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.…





