(Washington, DC) – Judicial Watch, the nonprofit watchdog organization that fights government corruption and judicial abuse, announced today that oral arguments will begin in the U.S. Court of Appeals for the District of Columbia Circuit on Friday, October 28 in Judicial Watch’s filibuster lawsuit against the U.S. Senate, Judicial Watch, Inc. v. The United States Senate, et. al. (Appeal 04-5422) (USCA DC).

Judicial Watch sued the U.S. Senate in May 2003 in order to have the court declare unconstitutional the misuse of filibusters to block judicial confirmations.  On October 6, 2004, U.S. District Judge Colleen Kollar-Kotelly took no position on the merits of the case, instead ruling that Judicial Watch had no standing to sue.  Judicial Watch appealed the case and addressed the standing issue in briefs filed with the U.S. Court of Appeals in May and August 2005.

“For years, several circuits, including the District of Columbia Circuit, have not been operating with the full complement of judges set forth in the statute…This harms the proper and efficient functioning of the courts, which, in turn, injures [Judicial Watch’s] frequent and demonstrable use of the courts as a means of exercising its First Amendment rights,” Judicial Watch argued in its reply brief.  “As Judicial Watch satisfied the requirements of Article III standing, the district court’s dismissal was erroneous.”

A political compromise struck in May by the so-called “gang of 14” moderates in the Senate put a temporary end to the filibustering of several of President Bush’s judicial nominees, but did not prohibit the future use of the unconstitutional tactic.  Moreover, while Republican leaders have publicly criticized the use of judicial filibusters, Republicans and Democrats are united in opposition to Judicial Watch’s lawsuit, which would declare judicial filibusters unconstitutional.  The Senate’s defense was reportedly agreed upon by both Republican and Democrat leaders, including Senator Majority Leader Bill Frist.  Lawyers for the U.S. Senate will argue in defense of the filibuster tomorrow as the nation awaits a new nomination for the Supreme Court from President Bush.

“Judicial filibusters threaten the very nature of our majority rule system of government, and mock the separation of powers,” said Judicial Watch President Tom Fitton.  “The Constitution mandates that all judicial nominees receive an up-or-down vote, and Judicial Watch will continue to fight in court to make sure that is exactly what they receive.  Giving the pending nomination of a Supreme Court justice, judicial confirmations must be free of the filibuster threat.  The filibuster distorts the judicial confirmation process and is at odds with the Constitution.”

Judicial Watch’s filibuster lawsuit is one of three cases Judicial Watch is arguing before the U.S. Court of Appeals over a three-day period.

A copy of Judicial Watch’s filibuster lawsuit and related documents can be found on www.judicialwatch.org.

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