Bruce Ackerman wants an end to filibusters on executive branch nominees:
The way the Senate deals with executive branch nominees is a scandal. If a single senator issues a "hold" on a nominee, the filibuster rules require 60 senators, and lengthy floor debate, to overcome his or her objection. Senators regularly use holds as bargaining chips to force administration cave-ins to their special-interest demands. For example, Sen. Richard Shelby held up 70 Obama nominations to obtain special funding for a couple of home-state projects.
Senatorial obstructionism has had a devastating impact. Between 1979 and 2003, Senate-confirmed positions were vacant 25% of the time. As presidential nominees slowly gain confirmation, other positions open up, continually undermining the team effort needed for effective operation of cabinet departments.
What's more, as Ackerman notes, the status quo has led to a flood of recess appointments, which -- over time -- will erode the Senate's ability to advise and consent, as presidents look for ways to avoid Senate confirmation. I agree completely, but I'm not so confident that now is the time for confirmation reform. There is a lot of power in the ability to block an executive branch nominee, and I strongly doubt that senators will want to surrender it for the sake of providing for a functioning bureaucracy, even if it weakens their influence over the long-term.
Besides, there are other ways to fix the problem. After all, the issue isn't the filibuster as much as it is the president's ability to staff his government. Mandatory discharge for all executive branch nominees -- after some amount of time, a nominee must be brought to the floor for a full vote -- would serve the same purpose while preserving senatorial privilege. As long as the Senate can't block nominees indefinitely (or for long periods), then it really doesn't matter if the filibuster exists or not. I've disparaged small bore changes before, but realistically, they are probably the best bet for immediate reform of the system.
-- Jamelle Bouie
