Some useful reminders courtesy of John Cornyn’s office:
Sen. Lincoln just said that Justice Owen should have a clear and substantial majority to be confirmed: “What we are here to say is that when the opportunity comes, we need a clear—a clear and substantial amount of this body to say that this is the person for this job.”
Well, a bipartisan majority voted for cloture in the last Congress—four times. A stronger majority stands ready to vote for her now. And that the best way to see if she has a majority is to have a vote.
And the fact is, throughout history, the Senate has ALWAYS confirmed judges by a majority vote – including judges who received less than 60 Senate votes:
President Carter: Abner Mikva D.C. Cir. 58-31 Sept. 25, 1979 L. T. Senter N.D. Miss. 43-25 Dec. 20, 1979 President Reagan: J. Harvie Wilkinson III 4th Cir. 58-39 Aug. 9, 1984 Alex Kozinski 9th Cir. 54-43 Nov. 7, 1985 Sidney A. Fitzwater N.D. Tex. 52-42 Mar. 18, 1986 Daniel A. Manion 7th Cir. 48-46 June 26, 1986 President Bush: Clarence Thomas S. Ct. 52-48 Oct. 15, 1991 President Clinton: Susan O. Mollway D. Haw. 56-34 June 22, 1998 William A. Fletcher 9th Cir. 57-41 Oct. 8, 1998 Richard A. Paez 9th Cir. 59-39 Mar. 9, 2000