Specter and Supreme Court Appointments

For those who don't keep up with politics, Arlen Specter, a Pennsylvania Senator since 1991 and Republican since 1966, decided to switch parties this week. This switch will most likely give the Democrats a filibuster-proof majority (which essentially means they can pass any legislation they want without any Republican consent or cooperation).

Now, good ole Arlen was talked into switching parties by his longtime friend, Vice President Biden, especially given the fact that it would be extremely difficult for him to survive the Republican primary for reelection to the U.S. Senate in '10 because of his cross-over votes for the bailouts and runaway spending.

Arlen has served on the United States Senate Committee on the Judiciary which is responsible for voting to confirm or not confirm federal judge appointments made by the President in addition to passing all Constitutional amendments made by the Senate. When the Republicans were in the majority, he was the committee chairman from 2005-2007.

The ironic thing with Specter's party switch is that the Democrats may not be able to pass a new Supreme Court appointment through the Judiciary Committee for the up or down vote by the entire Senate if the Republicans decide to block the appointee. In order for a judicial nominee to be voted on by the entire Senate, he or she must receive 10 votes from the Judiciary Committee, one of which has to be from the minority party (the Republicans). (For a better description of this process, see here).

Since Arlen Specter has switched parties, he can no longer be the minority party's vote to pass a potential Supreme Court appointee to full-Senate vote. If President Obama nominates a new Supreme Court Judge to replace Justice Souter (who is set to retire), and the Republicans adamantly oppose him (or, most likely, her), they can block the appointment in the Judiciary Committee.

Ahh, the irony! I bet Biden is kicking himself now.