Oppose “Nuclear Option”
05/23/05

U.S. Senate
Washington, DC 20515

Dear Senator:

The League of Conservation Voters (LCV) is the political voice of the national environmental community. Each year, LCV publishes the National Environmental Scorecard, which details the voting records of Members of Congress on environmental legislation. The Scorecard is distributed to LCV members, concerned voters nationwide, and the press.

LCV urges you to oppose the so-called "nuclear option" that would eliminate the ability of senators to filibuster extreme judicial nominees, including those with radical anti-environmental records. The history, traditions and rules of the Senate have always provided a means by which a minority of senators could extend debate on a particularly controversial matter. For nearly a century, the rules of the Senate have allowed a supermajority of Senators to end debate and bring a matter to a conclusive vote. Those same rules provide that the rules themselves can be amended by a two-thirds majority vote. These rules-which are firmly grounded in the Constitution-have provided the basis for the rejection of numerous executive and judicial nominations throughout the history of our nation.

Now, Senate Majority Leader Frist is proposing to break Senate rules, employing a procedural trick called the "nuclear option" that would circumvent the two-thirds requirement for amending the rules and eliminate the ability to filibuster extreme judicial nominees. Employing the 'nuclear option' would not only permanently change the nature and character of the Senate as an institution, but would disrupt the system of checks and balances that has served our nation well for more than two centuries. It would pave the way for confirmation of nominees like William G. Myers III-an anti-environmental activist who has demonstrated his willingness to bend the law to suit his own personal ideological ends-to our federal Circuit Courts of Appeals. It would also set the stage for confirmation of nominees to the Supreme Court who are openly hostile to the laws that safeguard our clean air, clean water, wildlife and special places.

We urge you to vote NO on Senator Frist's proposal to break long-standing Senate rules in order to eliminate the rights of Senators to extend debate on particularly controversial judicial nominees. LCV's Political Advisory Committee will strongly consider including this vote in compiling LCV's 2005 Scorecard. If you need more information, please call Tiernan Sittenfeld or Barbara Elkus at my office at (202) 785-8683.

Sincerely,

Deb Callahan
President, LCV