A challenge when it comes to Supreme Court nominees

Friday I filled in for Brian Wilson on the Afternoon Drive on WSPD. One of my guests was Bradley Smith, Professor of Law at Capital University Law School. (complete pod cast)

He pointed out something I did not know and found very interesting.

He said that whomever President Obama nominates to replace retiring Associate Justice David Souter needs to have the support of at least one member of the minority party in order to be voted out of committee, under the current rules of the Senate.

Until this week, Pennsylvania Senator Arlen Specter could have been counted on as that vote, but he's now a Democrat. This means that Republicans on the Judiciary Committee can hold up a nominee if none of them vote in favor.

Of course, as Professor Smith points out, the Senate could also change the rules.

Stay tuned....