The Senate Judiciary Committee was in the spotlight today as Merrick Garland, President Biden's nominee for Attorney General, was advanced out of the committee. The next stop is a confirmation vote by the full Senate. In a recent interview with the New York Times, Senate Judiciary Chairman Dick Durbin opined on his new role. But as the Ethics and Public Policy Center's Ed Whelan points out, Durbin's interview distorts the reality that he inherited.

Dick Durbin’s Distortions https://t.co/H0ShRcpp4K

— Ed Whelan (@EdWhelanEPPC) March 1, 2021

The Senate Judiciary Committee was in the spotlight today as Merrick Garland, President Biden's nominee for Attorney General, was advanced out of the committee. The next stop is a confirmation vote by the full Senate. In a recent interview with the New York Times, Senate Judiciary Chairman Dick Durbin opined on his new role. But as the Ethics and Public Policy Center's Ed Whelan points out, Durbin's interview distorts the reality that he inherited.

Dick Durbin’s Distortions https://t.co/H0ShRcpp4K

— Ed Whelan (@EdWhelanEPPC) March 1, 2021

Under the leadership of Senators Chuck Grassley, Lindsey Graham, James Lankford, and Mitch McConnell, Senate Republicans have been confirming judges at record pace.  Democrats have not tried to substantively oppose most nominees (maybe because they are so well qualified) but have attempted to use obscure Senate procedures to do so.  An example was the “cloture rule:”

This involves Rule 22, which provides a time consuming process to end debate, a necessary step before the Senate can vote on confirmation. Under Rule 22, even when the Senate votes to end debate, there can be up to 30 more hours of consideration. In the past, the minority party cooperated to informally schedule a final confirmation vote. Today, Democrats will not cooperate on anything, forcing the Senate to use this drawn out process for nearly every nomination, including those with no actual opposition.

The Senate has taken six times as many of these unnecessary cloture votes as during the same period under the previous nine presidents combined. You read that right. Even though the Senate votes to end debate every time, Democrats insist that the clock keep running for those 30 hours of debate after cloture. Even worse, they almost never spend time on the Senate floor actually debating these nominations.