Our thanks to Confirm Them for their editorial today, On the constitutionality of Senate Rule XXII:, which points to the John Jay Hooker Center for Election and Campaign Finance Reform.

Mr. Hooker wrote in an artical yesterday, entitled, Senator Frist is Right - Compromise is Wrong, where he makes a compelling case that judicial nominee filibustering is un-constitutional. This is what he wrote:

“Sen. Frist has every right, and indeed the duty, to see that every presidential nominee for the Federal bench at every level gets an up or down vote. That is the constitutional requirement, notwithstanding the fact that the Senate for 200 years has failed to acknowledge the constitutional requirement set out in Article II, Section 2, Paragraph 2, which mandates that the Senate advise and consent with respect to all judicial nominees. The requirement is (Read the rest of the story below the fold...)