NEW YORK TIMES: The decision by Senate Democrats to eliminate filibusters for most judicial nominations only marginally enhanced President Obama’s power to reshape the judiciary, according to court watchers from across the political spectrum, because Republican senators can still veto his nominees to most currently vacant appeals court seat.
The new Senate rule clears the way for eight appeals court nominees who have already had confirmation hearings to win approval with simple majority votes, including three on the powerful Court of Appeals for the District of Columbia Circuit, which reviews federal policies and regulations. But it left unchanged the Senate’s “blue slip” custom, which allows senators to block nominees to judgeships associated with their states…
Twelve more appeals court seats are either vacant or will be by the end of 2014. All but one are in states with at least one Republican senator. As a result, Mr. Obama still lacks unrestricted power to swiftly appoint a flurry of more clearly left-of-center judges than he has done to date, despite the fears of conservatives and the hopes of liberals, specialists said… (more)
…The filibuster rule was intended to affect the DC court of appeals which has jurisdiction over federal regulations. Federal regulations, more than federal law, impact the entire country especially since federal regulations do not require congressional approval.
While some have complained that the current congress has passed few laws, the number of new federal regulations has flourished. According to CNS, over the past three years, the bound edition of the Code of Federal Regulations has increased by 11,327 pages – a 7.4 percent increase from Jan. 1, 2009 to Dec. 31, 2011. In 2009, the increase in the number of pages was the most over the last decade – 3.4 percent or 5,359 pages.
Once the DC courts rule on the regulation it becomes law. What occurs in the other district courts doesn’t matter.