Democrats Turn Tables on GOP in Judge Nominations

Illinois Senator Dick Durbin received backlash from his Republican counterparts for using hardline tactics to stop them speaking about two judicial nominees ahead of roll call votes.

During a Thursday meeting on the Senate Judiciary Committee, which Durbin chairs, the Democrat repeatedly prevented GOP senators from debating two Joe Biden nominees to the U.S. District Court, Mustafa Kasubhai and Eumi Lee.

While defending the move, Durbin explained that the GOP had two chances to debate their nominations in previous hearings. Durbin also said he was merely using a tactic previously used by the last two Republican chairs of the committee— Iowa Senator Chuck Grassley and South Carolina's Lindsey Graham—who he said violated committee rules by advancing nominees and rules while the GOP controlled the Senate without giving Democrats a chance to voice their views.

"The two preceding chairs of this committee violated the letter and spirit of Committee Rule IV," Durbin said. "In doing so, Republicans established a new precedent that I followed on one occasion last Congress and will follow again today. I've said time and again there cannot be one set of rules for Republicans and a different set for Democrats."

California congressman Ted Lieu praised the actions of Durbin while noting that former Senate Majority Leader Mitch McConnell had prevented the Senate from voting on Barack Obama's Supreme Court nomination, Merrick Garland, to replace the late Justice Antonin Scalia in 2016. McConnell said the nomination should be decided by whoever won the 2016 election, which was taking place several months later.

"I'm old enough to remember when Republicans refused to even allow a hearing on a nominee by the name of Merrick Garland," Lieu posted on X, formerly Twitter.

"Thank you to Senator Dick Durbin for standing up to Republican obstruction."

McConnell later faced allegations of hypocrisy when he allowed Donald Trump, who won the 2016 election, to nominate conservative judge Amy Coney Barrett to the SCOTUS bench following the death of liberal Justice Ruth Bader Ginsburg and rushed through her confirmation a matter of weeks before the 2020 election.

During the heated exchanges in the meeting, several GOP senators were left astounded and angered by Durbin's refusal to allow them to debate the judges before going to roll call as standard.

Durbin's office has been contacted for comment via email.

Texas Senator John Cornyn was one of the first to ask to speak on the nomination of Kasubhai, which was denied by Durbin. "Oh, I'm sorry, we've already done that at great length," Durbin replied. "Senator, we've debated these nominees twice."

Tennessee's Marsha Blackburn also asked to speak on the nominee, with Arkansas' Tom Cotton asking: "We don't have a right to speak under the rules?" When Durbin responded with "the third time, I'd say no," Cotton replied: "So you're just going to make it up?"

Graham told Durbin that he and his fellow Republican colleagues want to be given the chance "to tell you again why these nominees are awful," with Cotton adding "you just going to sit there and ignore us?"

The GOP senators then refused to take part in the roll call vote, with Cotton replying when his name was read: "Mr. Cotton says the chairman needs to rethink his decision and let Sen. Cornyn and Sen. Blackburn speak. That's what Mr. Cotton says so you can mark that down as my vote," Cotton said. "Everybody over there who's not willing to look at me or look at Dick Durbin needs to think about it as well."

When Blackburn's name was called for her vote, she said: "I'm waiting to be heard on the nominee, I've requested several times to be heard on the nominee."

In reply, Cotton added: "Now I guess Senator Durbin isn't going to allow women to speak. I thought that was sacrosanct in your party."

The heated argument continued for the vote regarding Lee, with Cornyn accusing Durbin's actions of being a "complete disgrace."

"You just destroyed one of the most important committees in the United States Senate," Cornyn said.

"And you set a precedent which will be repeated. Any time one party or the other takes advantage and takes the low road it sets a precedent that will then become a norm."