Judicial impasse frustrates Hatch

He said such a slowdown also is not unprecedented — and said that in 1996 when Bill Clinton faced re-election, Republicans did not allow confirmation of any judges until July of that year. But Leahy also said he will try once more to work out a compromise.

The Senate traditionally will not confirm any judges during an election year after national political conventions convene — which this year begins in July — so that a potentially lame-duck president cannot pack the courts. So little time remains.

Hatch has also said that Republicans have considered confirming judges through what many call the "nuclear option" — because it would infuriate Democrats so much that they would almost surely shut down the Senate for the year in retaliation.

In that option, Republicans would call for a point of order to contend that the Constitution requires only a simple majority to confirm judges, contending that requiring a super majority of 60 votes to stop filibusters against them is an unconstitutional abuse of rules.

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