With Senate debate on two of President Bush's most controversial judicial nominees beginning May 18, the heated rhetoric over the so-called "nuclear option" to ban Senate filibusters on judicial nominations has reached its boiling point. The rules of the Senate thus far remain intact, but filibuster opponents have pulled all rhetorical stops, advancing numerous falsehoods and distortions, and, as Media Matters for America documents below, the media have too often perpetuated that misinformation by unskeptically, and sometimes even deliberately, repeating it.
Falsehood #1: Democrats' filibuster of Bush nominees is "unprecedented"
Falsehood #2: Bush's filibustered nominees have all been rated well-qualified by the ABA; blocking such highly rated nominees is unprecedented
Falsehood #3: Democratic obstructionism has led to far more judicial vacancies during Republican administrations than Democratic administrations
Falsehood #4: "Nuclear Option" is a Democratic term
Falsehood #5: Democrats oppose Bush nominees because of their faith, race, ethnicity, gender, stance on abortion, stance on parental notification ...
Falsehood #6: Public opinion polling shows clear opposition to judicial filibusters, support for "nuclear option"
Falsehood #7: Filibustering judicial nominees is unconstitutional
Falsehood #8: Clinton's appellate confirmation rate was far better than Bush's rate
Falsehood #9: Sen. Byrd's alterations to filibuster rules set precedent for "nuclear option"
Falsehood #10: Democrats have opposed "all" or "most" of Bush's judicial nominees
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