John Jay Hooker writes an interesting–and to me somewhat surprising–letter to Senate Majority Leader Frist in which he contends that Senate Rule XXII(2) because it is in conflict with U.S. Constitution Article II, Section 2, Paragraph 2. His conclusion:
However, there is no question in my mind that the Founders intended for the President to nominate anyone he wants to the Federal bench as the Constitution has no age, residency or citizenship requirements for Federal judges, and moreover, it appears to me that the Founders intended for the President to have an up or down vote in the Senate on his nominees and they should be confirmed with a majority of those voting.
Wouldn’t this interpretation also preclude the Senate Judiciary Committee from withholding nominees from a floor vote? It seems if the Senate can’t use its rules to interfere with a majority floor vote, it shouldn’t have rules to prevent that vote either.