Midterm Senate Flip Could Stymie Judicial Confirmations

Law360, Washington (September 26, 2014, 5:36 PM EDT) -- An expected Senate flip to a Republican majority in the coming midterm elections will likely turn what has lately been a relatively steady stream of federal judicial confirmations into a trickle, especially in the higher-stakes circuit courts, and spell further delays even for courts with "emergency" vacancies, experts say.

After Senate Majority Leader Harry Reid, D-Nev., invoked the so-called nuclear option late last year following an ongoing Republican filibuster of several D.C. Circuit nominees, the threshold for ending Senate debate on judicial and other executive nominations has been reduced from a 60-vote supermajority to a simple majority.

Since the rule change...

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