Terry Eastland

Born :

1950

With Republicans in control of the Senate for the first time since Barack Obama took office, the president may find it harder to appoint left-wing lawyers to judgeships. Whether he compromises on some of his nominees, including any to the Supreme Court, may depend on the willingness of the new Republican majority to engage the president on judicial philosophy.

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That Republicans now control the Senate means, of course, that they control the confirmation process. Their majority enables them to stop an unacceptable nomination at various points: They can deny the nominee a committee hearing; they can vote the person down in committee; they can refuse to schedule a vote on a nomination sent to the floor; and the full Senate can vote to reject the nomination. The Republicans' majority status also strengthens their negotiating position with the White House, making it more likely that a mutually acceptable candidate will be chosen for a given seat.

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How Obama approaches judicial selection - and how Republicans respond - now becomes an important story and will remain so until the Senate shuts down judicial confirmations, probably in the summer of 2016 if Senate custom in presidential-election years is followed.

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