[ColoradoTree]

"What I think is true is that the Senate should feel bound by 200+ years of precedent to at least consider the nominee, hold hearings, and give the nominee a vote."


Wasn't Miguel Estrada an example contrary to that principle?  Was Harry Reid Minority Leader or did that happen after 2006?  I think Estrada was in the nomination process for two years before he requested to be removed from consideration.

Indeed, Estrada was delayed for quite some time before withdrawing, and I believe it was when Democrats were in the minority (though Daschle was minority leader then, if memory serves). Estrada wasn't a SCOTUS nominee, of course, but a DC Circuit nominee. And I believe that seat was ultimately filled by another Bush nominee as part of that "Gang of 14" deal to prevent future judicial filibusters of lower-court nominees.

You're right to point out Estrada as an example of Democratic obstruction, though I would say that GWB seemed to be pushing the envelope with that wave of appellate court nominees (most of whom were eventually confirmed under the deal), and I think the Senate has generally treated SCOTUS nominations differently than lower court nominees (for example, you don't usually see hold slips or other procedural means used to delay SCOTUS nominees, but that's fairly common with lower court nominees). And I'd also note that many Bush nominees were confirmed in the usual course during this time, with the filibusters being reserved for specific nominees seeing as excessively ideological (rather than the blanket, "it doesn't matter who you nominate" position taken with this vacancy).

[ColoradoTree]

"What I think is true is that the Senate should feel bound by 200+ years of precedent to at least consider the nominee, hold hearings, and give the nominee a vote."


Wasn't Miguel Estrada an example contrary to that principle?  Was Harry Reid Minority Leader or did that happen after 2006?  I think Estrada was in the nomination process for two years before he requested to be removed from consideration.

Indeed, Estrada was delayed for quite some time before withdrawing, and I believe it was when Democrats were in the minority (though Daschle was minority leader then, if memory serves). Estrada wasn't a SCOTUS nominee, of course, but a DC Circuit nominee. And I believe that seat was ultimately filled by another Bush nominee as part of that "Gang of 14" deal to prevent future judicial filibusters of lower-court nominees.

You're right to point out Estrada as an example of Democratic obstruction, though I would say that GWB seemed to be pushing the envelope with that wave of appellate court nominees (most of whom were eventually confirmed under the deal), and I think the Senate has generally treated SCOTUS nominations differently than lower court nominees (for example, you don't usually see hold slips or other procedural means used to delay SCOTUS nominees, but that's fairly common with lower court nominees). And I'd also note that many Bush nominees were confirmed in the usual course during this time, with the filibusters being reserved for specific nominees seeing as excessively ideological (rather than the blanket, "it doesn't matter who you nominate" position taken with this vacancy).