As a means of bypassing Senate Judiciary Committee obstruction, Senator Specter is considering filing a motion to discharge from the committee the pending nominations of Peter Keisler (D.C. Circuit), Robert Conrad (4th Circuit), and Steve Matthews (4th Circuit). A successful motion to discharge would move the nominations from the Senate Judiciary Committee to the Senate floor for a final confirmation vote.

It’s not clear, of course, whether a motion to discharge would succeed, and, if so, whether Senate Democrats would then filibuster the final confirmation votes. But Senator Specter’s strategy has the advantage of highlighting—in the midst of the ongoing presidential campaign—the Democrats’ mistreatment of these nominees. Indeed, Specter has already sent separate letters to John McCain, Barack Obama, and Hillary Clinton asking each of his three Senate colleagues running for president that candidate’s position on a prospective motion to discharge these three nominations. Let’s see if Senator McCain seizes the opportunity to distinguish himself from Senators Obama and Clinton.