The Constitution's requirement that the Senate must confirm the president's nominations is a vital check and balance on the president and on the lifetime members of the third branch of government, our independent judiciary. Eliminating the ability to filibuster would apply to all future nominees, including those whose records show that they are unqualified, extremely biased or unethical.

Senate rules permit filibusters of judicial nominees and require a two-thirds majority of the Senate to approve rule changes. The nuclear option would use a simple majority of Senators to change the Senate rule that governs cloture (a vote to end debate) on filibusters, which has never before been changed in such a manner.  To defeat a filibuster, 60 Senators must be willing to vote to end debate on a bill or a nominee. This provides a valuable safeguard that prevents a narrow majority from forcing its priorities on all Americans.

William G. Myers III was blocked by the bi-partisan "Gang of 14" agreement that saved the Senate filibuster. In that agreement, seven Republican and seven Democratic senators provided for confirmation of certain controversial judges but specifically exempted Myers.

See also Editorials and Commentary to view over 600 editorials from 47 States and DC supporting Senators' right to filibuster judicial nominees