This is an archived article that was published on in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The editorial "Senate on strike: Republicans fail in their duty" (Our View, Aug. 1) accurately states that the Thurmond Rule, which restricts Senate votes on judicial nominations prior to presidential elections, is a custom, not a binding rule.

Its application to the nomination of U.S. District Court Magistrate Judge Robert Bacharach to the 10th U.S. Circuit Court of Appeals meant that he was the latest casualty in the incessant confirmation wars. Bacharach is a well-qualified, consensus nominee with strong Oklahoma home-state senator support.

Last week's rejection of Bacharach's cloture vote in the Senate deprives Oklahoma of representation on the court by an active judge. It imposes greater pressure on the remaining 10 circuit judges, including Utah's Scott Matheson Jr.

For the good of the bench, the Senate and the country, these wars must end.

Carl Tobias Professor of law, University of Richmond

Richmond, Va.

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