198:
31:
244:), the pace of federal judicial nominations and confirmations slowed but did not stop. Wheeler describes the "rule" as a myth, noting that while it becomes more difficult for a president to push through his nominees in his last year of office, nominations and confirmations have been routinely made in presidential election years.
187:
President Wm. T. (Bill) Robinson III, in a 2012 letter sent to Senate leadership of both parties, wrote: "As you know, the 'Thurmond Rule' is neither a rule nor a clearly defined event." Robinson wrote that while "the ABA takes no position on what invocation of the 'Thurmond Rule' actually means or
176:
has written: "The
Thurmond Rule is not real. It is a myth, a figment of the partisan imagination invoked to give an air of legitimacy to a strategy—blocking even the most noncontroversial of judicial nominees—that is pure obstruction. Most obviously, there is no Thurmond Rule in the formal sense—no
285:
Sarah A. Binder, a senior fellow at the
Brookings Institution, notes that although studies have shown "that there is no such formal 'rule,'" that "hasn't stopped senators from either party from talking about the practice as a rule or often even as a doctrine. Because both parties have, over time,
317:
of Utah dismissed the rule, saying "Strom
Thurmond unilaterally on his own ... when he was chairman could say whatever he wanted to, but that didn't bind the whole committee, and it doesn't bind me." Kessler concludes that "both parties can be viewed as hypocritical, situational and prone to
81:. It has not always been followed in the past, with presidents continuing to appoint and the Senate continuing to confirm judicial nominees during election years, but nevertheless, inconsistently invoked by senators from both political parties, usually when politically advantageous to do so.
145:
The 'rule,' which apparently dates to 1980, posits that, sometime after spring in a presidential election year, no judges will be confirmed without the consent of the
Republican and Democratic leaders and the judiciary chairman and
308:
on the issue of judicial nominations in presidential election years, alternately invoking the
Thurmond Rule and denying its validity, depending on which party controls the Senate and the White House. For example, in 2004, when
188:
whether it represents wise policy," the practice is not a precedent, given the fact "that there has been no consistently observed date at which this has occurred during the presidential election years from 1980 to 2008."
344:
said he would nominate a candidate for the open seat, but with just under one year remaining in Barack Obama's second term, Republicans claimed the
Thurmond Rule for categorically refusing to vote on any Obama nominee.
365:
705:
380:
375:
370:
277:'s claim that "there comes a point in the last year of the president, especially in their second term, where stop nominating" both Supreme Court justices and Court of Appeals judges as "false."
260:
592:
352:
in
September 2020, just over a month and a half before the next presidential election, Senate Majority Leader McConnell said that in contrast with 2016, recent Republican gains in
264:
209:
695:
627:
700:
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and the Senate no longer act on judicial nominations — with exceptions sometimes made for nominees who have bipartisan support from Senate committee and party leaders.
247:
Similarly, a 2008 Congressional
Research Service report could not identify any "consistently observed date or point in time after which the Senate ceased processing
133:
reported in 2016 that the rule "is not an actual rule, which means there is no way to adjudicate how close to an election it applies, or whether it applies at all."
121:
67:
66:, except under certain circumstances. The basic premise is that the President and the Senate majority usually are of opposite political ideologies, and as such the
435:
158:, in 2007, described "an informal understanding... that only consensus nominees, if that, would be considered in the latter part of a presidential election year."
533:
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valued their ability to block the president's judicial nominees, keeping alive the
Thurmond Rule has proved convenient for both parties at different times."
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575:
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of judicial nominations" that "never became a 'rule' at all, and as such, it can be disregarded for good reason–it is the
Thurmond Myth."
467:
217:
106:
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267:. Additionally, in 1984, when Thurmond was chair of the Senate Judiciary Committee, judicial confirmations occurred that fall.
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114:
690:
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162:
47:
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would allow a Republican Supreme Court nomination to go forward in the Senate during a presidential election year.
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51:
559:
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The Thurmond Rule was raised again in public discourse in February 2016 after the death of Supreme Court Justice
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224:
The "rule" is not observed consistently by the Senate. A 2012 study by judicial expert Russell Wheeler of the
147:
197:
517:
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653:
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nominations during the presidential election years from 1980 to 2004." For instance, in December 1980,
181:, or bipartisan agreement renewed each congress. Its existence also is belied by historical practice."
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Letter from Wm. T. (Bill) Robinson III, President, American Bar Association, to Senate Leadership
59:
593:
Schumer, McConnell or Leahy: Who flip-flopped the most on election-year Supreme Court nominees?
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98:
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on November 13, 1980, and confirmed by the Senate on December 9, 1980, both during Carter's
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609:
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Nomination and Confirmation of Lower Federal Court Judges in Presidential Election Years
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35:
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flip-flopping, depending on which party holds the presidency and/or the Senate."
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274:
55:
27:
Controversial US Senate majority-party strategem to stop judicial approval votes
422:
270:
102:
71:
665:
17:
30:
654:"For McConnell, Ginsburg's Death Prompts Stark Turnabout From 2016 Stance"
628:"McConnell Rule? Biden Rule? The politics behind this Supreme Court pick"
155:
117:
report described "a practice referred to by some as the 'Thurmond rule':
228:
showed that in each of the four previous presidential election years (
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Nomination and confirmation to the Supreme Court of the United States
381:
Unsuccessful nominations to the Supreme Court of the United States
196:
29:
78:
89:
The Thurmond rule "has its origins in June 1968, when Senator
485:
Judicial Confirmations in 2016: The Myth of the Thurmond Rule
376:
List of nominations to the Supreme Court of the United States
371:
Judicial appointment history for United States federal courts
74:
from the entire Senate during a presidential election year.
296:
note that senators of both political parties—such as
261:
Associate Justice of the Supreme Court of the United States
706:
Nomination and appointment of United States federal judges
576:
A bushel of flip-flops on approving judicial nominees
265:
United States Court of Appeals for the First Circuit
545:Geoff Earle, "Senators Spar Over 'Thurmond Rule,'"
534:
Do presidents stop nominating judges in final year?
425:, Congressional Research Service (August 13, 2008).
120:at some point in a presidential election year, the
34:The Thurmond rule was first posited by Senator
8:
109:." The "rule" has been variously described:
514:Judicial Confirmations: What Thurmond Rule?
436:Judicial Nominees: Beware the Thurmond Rule
696:Political terminology of the United States
570:
568:
332:Amy Coney Barrett Supreme Court nomination
77:The practice is not an actual rule, but a
701:Terminology of the United States Congress
421:Denis Steven Rutkus & Kevin M. Scot,
417:
415:
70:will not allow an appointee to receive a
562:, Brookings Institution (June 14, 2012).
397:
395:
328:Merrick Garland Supreme Court nomination
391:
560:'Tis the Season for the Thurmond Rule
528:
526:
7:
626:Martin, Gary (September 26, 2020).
216:. Breyer was later elevated to the
610:“Griffith to miss Demos' deadline”
313:was president, Republican Senator
263:) was confirmed as a judge of the
25:
536:, Politifact (February 14, 2016).
62:the president's nominees to the
50:posits that, at some point in a
348:Following the death of Justice
210:First Circuit Court of Appeals
115:Congressional Research Service
1:
472:American Constitution Society
163:American Constitution Society
468:What is the Thurmond "Rule"?
403:What Is the 'Thurmond Rule'?
165:refers to the "rule" as an "
452:Bush Stirs Sparks on Judges
322:2016 and 2020 controversies
204:was appointed by President
722:
652:Hulse, Carl (2020-09-18).
325:
101:'s appointment of Justice
52:U.S. presidential election
632:Las Vegas Review-Journal
185:American Bar Association
148:ranking minority member
549:(July 21, 2004), p. 4.
354:2018 midterm elections
221:
152:
126:
39:
518:Brookings Institution
259:(who later became an
226:Brookings Institution
200:
143:
118:
33:
691:United States Senate
614:Deseret Morning News
599:(February 16, 2016).
582:(February 23, 2016).
489:Alliance for Justice
409:(February 13, 2016).
281:Political invocation
174:Alliance for Justice
97:, blocked President
442:(February 3, 2012).
350:Ruth Bader Ginsburg
293:The Washington Post
290:and Aaron Blake of
139:The Washington Post
122:Judiciary Committee
68:Judiciary Committee
658:The New York Times
491:(January 4, 2016).
458:(October 2, 2007).
304:—frequently
222:
40:
558:Sarah A. Binder,
520:(March 19, 2012).
512:Russell Wheeler,
142:, in 2012, wrote:
99:Lyndon B. Johnson
64:federal judiciary
16:(Redirected from
713:
676:
675:
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608:Davidson, Lee.
606:
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583:
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503:(June 20, 2012).
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214:lame duck period
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597:Washington Post
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407:New York Times
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338:Antonin Scalia
323:
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311:George W. Bush
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257:Stephen Breyer
202:Stephen Breyer
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193:Nonapplication
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190:
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131:New York Times
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95:South Carolina
91:Strom Thurmond
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83:
36:Strom Thurmond
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24:
14:
13:
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619:
616:(2004-07-21).
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591:Aaron Blake,
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107:chief justice
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48:U.S. politics
45:
44:Thurmond rule
37:
32:
19:
18:Thurmond Rule
669:. Retrieved
657:
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635:. Retrieved
631:
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456:The Politico
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347:
342:Barack Obama
340:. President
335:
291:
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269:
246:
223:
206:Jimmy Carter
167:urban legend
144:
137:
136:Al Kamen of
130:
119:
88:
76:
43:
41:
532:Linda Qiu,
454:, CBS News/
315:Orrin Hatch
275:Marco Rubio
179:senate rule
85:Description
58:should not
56:U.S. Senate
685:Categories
671:2020-09-19
434:Al Kamen,
387:References
326:See also:
273:has rated
271:Politifact
103:Abe Fortas
72:floor vote
54:year, the
666:0362-4331
637:April 14,
306:flip-flop
302:Pat Leahy
547:The Hill
360:See also
249:district
156:CBS News
38:in 1968.
474:(n.d.).
253:circuit
208:to the
113:A 2008
60:confirm
664:
240:, and
177:law,
662:ISSN
639:2022
330:and
300:and
251:and
242:2008
238:2004
234:2000
230:1996
172:The
161:The
129:The
79:myth
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656:.
630:.
612:,
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516:,
487:,
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674:.
641:.
220:.
150:.
20:)
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