Tom Cotton Calls On Republicans To Not Assist Democrats ‘In Confirming Joe Biden’s Most Radical Nominees To The Courts’

While Senator Dianne Feinstein (D-CA), who sits on the powerful Judiciary Committee, continues her indefinite leave of absence from the legislative body due to health concerns, Democrats have been unable to muster the necessary votes to confirm Biden’s judicial appointments. Senator Feinstein’s two-month-long hiatus from the Senate has led her to request that Senate Majority Leader Chuck Schumer (D-NY) temporarily replace her with another Democrat on that judge-appointing committee.

Senator Tom Cotton (R-AR) wrote about this situation on Twitter that “Republicans should not assist Democrats in confirming Joe Biden’s most radical nominees to the courts.”

Republicans should not assist Democrats in confirming Joe Biden’s most radical nominees to the courts. https://t.co/Dq7DFfojVi

— Tom Cotton (@SenTomCotton) April 15, 2023

The current situation is such in the Senate where, as Politico describes it, “[i]n order to replace Feinstein on the committee, Democrats could either pass a resolution through a 60-vote threshold or seek unanimous consent, which would require the support of all voting Senators.” In the 100 member upper chamber of Congress, Democrats and Democratic-aligned Independents occupy 51 of those seats. Republicans have 49 seats. Therefore, the resolution route would require ten Republican defections to work.

The other route, that of unanimous consent, as its name suggests, requires all members to agree and would fail if one senator objects.

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It, therefore, appears that Senator Cotton will object and scuttle that route. The article that the Arkansas senator attached to his post argued that “[t]here’s zero reason — zero — that Republicans should cooperate with Schumer and the president on their judicial agenda, either tactically, politically, or even morally…With what evidence can any Republican claim they would be given the same quarter if one of them threw themselves upon their colleagues’ mercy? The party that voted to impeach President Donald Trump twice was disciplined and committed in its opposition to his judicial nominees.”

President Joe Biden has already appointed more federal judges than either Trump, Obama, or Bush in terms of the rate of confirmations at this point in his term. As noted by Breitbart, just because President Biden has recommended someone for the federal bench does not necessarily mean that said nominee knows basic law. For instance, Breitbart noted that “[i]n January, Sen. John Kennedy (R-LA) stumped one [Biden] judicial nominee, who could not describe what either Article V or Article II does.”