Anything’s possible. But before they try, they should reflect on this Dear Colleague letter, co-written on June 29, 2001 by the then-chairman and ranking member of the Judiciary Committee, Patrick Leahy (D-VT) and Orrin Hatch (R-UT) respectively.
U.S. SENATE,
COMMITTEE ON THE JUDICIARY,
Washington, DC, June 29, 2001.DEAR COLLEAGUE: We are cognizant of the important constitutional role of the Senate in connection with Supreme Court nominations. We write as Chairman and Ranking Republican Member on the Judiciary Committee to inform you that we are prepared to examine carefully and assess such presidential nominations.
The Judiciary Committee’s traditional practice has been to report Supreme Court nominees to the Senate once the Committee has completed its considerations. This has been true even in cases where Supreme Court nominees were opposed by a majority of the Judiciary Committee.
We both recognize and have every intention of following the practices and precedents of the Committee and the Senate when considering Supreme Court nominees.
Sincerly,
Patrick J. Leahy,
Chairman.Orrin G. Hatch,
Ranking Republican Member.
There is, of course, some precedent for tying up Supreme Court nominees one way or another in the Judiciary Committee. But by and large even controversial nominees get reported out, even if unfavorably.
Late update: You can read the original letter in its entirety here.
