This gets to the heart of this 168-to-4 number. The vast majority of the 168 are at the district court level, trial court level. What the Senator from Kansas is saying--and I want to make it clear-- the district court judges, by and large, do not make law. They are trying cases. Appellate court judges, we have seen now in recent years, have begun to take on the mantle of legislator in making law, and therefore all of the nominees who are being blocked on that side are these quasi-legislative-type judges. The Senator is suggesting the superlegislator is the Supreme Court. So if we are in for filibusters for appellate courts, can anyone imagine what a Supreme Court nominee fight will look like in the Senate now versus 20 or 30 years ago?
Rick Santorum: “This gets to the heart of this 168-to-4 number. The vast majority of the 168 are at the district court level, trial…”
Editor's note · Context
Discussing the implications of judicial nominations and filibusters in the Senate.
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