# Al Franken on the Senate Judiciary Committee

**URL:** <https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133>\
**Category:** Great Debates\
**Created:** [July 15, 2009, 6:06pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133 "2009-07-15T18:06:50Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [July 15, 2009, 6:06pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/1 "2009-07-15T18:06:50Z")

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Maybe this is a factual question, maybe not. But how did freshman Senator Al Franken, who was just sworn in, and is not a lawyer, and has no judicial or legislative experience, get appointed so quickly to a committee as important as the Senate Judiciary Committee?

Who decides appointments to Senate committees?

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**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\
**Post date:** [July 15, 2009, 7:05pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/2 "2009-07-15T19:05:49Z")

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The Senate leadership does.

Presumably, there is a reasoning involved.

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**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [July 15, 2009, 7:09pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/3 "2009-07-15T19:09:14Z")

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Thank you for that helpful answer.

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [July 15, 2009, 7:25pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/4 "2009-07-15T19:25:07Z")

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Is that right? I seem to recall that the caucus as a whole votes over who fills the seats of each committee assigned to that caucus, and that this leads to occasional power struggles when the leadership wants one thing but the membership another. The senate homepage just says that “the party decides” which could mean either mechanism.

In either case, there are 16 standing committees and only 100 senators (and Democrats from socially conservative states probably avoid Judiciary like the plague) so I imagine that Franken was assigned to Judiciary because he asked to be, and no one else with more influence/seniority wanted it.

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [July 15, 2009, 7:25pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/5 "2009-07-15T19:25:41Z")

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> [@Walloon](#):
>
> Maybe this is a factual question, maybe not. But how did freshman Senator Al Franken, who was just sworn in, and is not a lawyer, and has no judicial or legislative experience, get appointed so quickly to a committee as important as the Senate Judiciary Committee?
> 
> Who decides appointments to Senate committees?

Being a Junior senator does not exclude anyone from being part of a committee.

Current Junior Committee members:

John Cornyn is the junior Senator from Texas.

Russ Feingold is the junior Senator from Wisconsin.

Tom Coburn is the junior Senator from Oklahoma.

Sheldon Whitehouse is the junior Senator from Rhode Island.

Ron Wyden is the junior Senator from Oregon.

Ted Kaufman is the junior Senator from Delaware.

Benjamin Cardin is the junior Senator from Maryland.

From: [Yahoo Search - Web Search](http://answers.yahoo.com/question/index?qid=20090701113948AAGFSck)

I would imagine that with all the time spent with interviews with senate leaders during the long senate election trial, that the leaders found that Franken would fit in that committee.

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [July 15, 2009, 7:41pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/6 "2009-07-15T19:41:42Z")

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Interestingly, the earliest article I can find saying Franken would be on the Judiciary Committee was dated June 30th from Congressional Quarterly. But his spots were being kept warm by other members who must have known that they were seat fillers pending Franken’s post-court case confirmation.

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**Author:** ![Sinaijon](https://avatars.discourse-cdn.com/v4/letter/s/dc4da7/32.png) [@Sinaijon](https://boards.straightdope.com/u/Sinaijon)\
**Post date:** [July 15, 2009, 7:47pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/7 "2009-07-15T19:47:21Z")

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> [@GIGObuster](#):
>
> Being a Junior senator does not exclude anyone from being part of a committee.

There is a vast difference between a Junior senator and a freshman senator.

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**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\
**Post date:** [July 15, 2009, 7:50pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/8 "2009-07-15T19:50:35Z")

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I said freshman senator, not junior senator. With the exception of Ted Kaufman, all of those “junior senators” have been in the Senate for years.

John Cornyn — is a lawyer who has been in the Senate since 2003.  
Russ Feingold — is a lawyer who has been in the Senate since 1993.  
Tom Coburn — has been in the Senate since 2005.  
Sheldon Whitehouse — is a lawyer who has been in the Senate since 2007.  
Ron Wyden — is a lawyer who has been in the Senate since 1997.  
Benmamin Cardin — is a lawyer who has been in the Senate since 2007.

Al Franken is a former radio show host who has been in the Senate less than two weeks.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [July 15, 2009, 7:53pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/9 "2009-07-15T19:53:18Z")

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> [@Sinaijon](#):
>
> There is a vast difference between a Junior senator and a freshman senator.

Kaufman and Cardin are both freshman. And, per **Walloon** ’s post just now, so is Whitehouse. Cardin [anw Whitehouse have] been in office since 2007, Kaufman would have only a few more days of seniority than Franken had Franken been elected more cleanly.

I don’t know much about how committee assignments are given out, but from this I think we can conclude it’s not unusual for a freshman senator to be on the judiciary committee. The timing of Franken being seated so recently and immediately getting to deal with a Supreme Court nomination _has_ to be unusual, because it’s rare for a Senator’s seating to be delayed until June and Supreme Court nominations happen only once every few years.

There are many lawyers in the Senate, but not all of them are, and not all of the judiciary committee members are. Not everybody on the defense-related committees used to be in the military either. I’m sure the assignments combine availability, the Senator’s preference, and the discretion of party leadership.

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**Author:** ![GIGObuster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gigobuster/32/421_2.png) [@GIGObuster](https://boards.straightdope.com/u/GIGObuster)\
**Post date:** [July 15, 2009, 7:56pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/10 "2009-07-15T19:56:32Z")

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> [@Walloon](#):
>
> Al Franken is a former radio show host who has been in the Senate less than two weeks.

His Harvard degree is in political science.

And yes,I can see I was wrong regarding the Junior and Freshman status, but Ted Kaufman and Cardin show that being a freshman is also no obstacle.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [July 15, 2009, 8:09pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/11 "2009-07-15T20:09:58Z")

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Committee assignments are, in the end, made by party leaders and a stamp of approval is given by the whole Senate.

While the Judiciary Committee is in the spotlight whenever a Supreme Court nominee comes up, it isn’t typically considered among the most important committees. The most important four committees are considered to be Appropriations, Armed Services, Finance, and Foreign Relations. There are no rules relating to “no freshmen on this committee” or “only lawyers/veterans/doctors on that committee.”

> **[U.S. Senate: Senate Committees](https://www.senate.gov/artandhistory/history/common/briefing/Committees.htm)**
>
> Senate Committees

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [July 15, 2009, 10:37pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/12 "2009-07-15T22:37:03Z")

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> [@Walloon](#):
>
> Maybe this is a factual question, maybe not. But how did freshman Senator Al Franken, who was just sworn in, and is not a lawyer, and has no judicial or legislative experience, get appointed so quickly to a committee as important as the Senate Judiciary Committee?

As the most junior member of that committee, his ability to do any kind of damage to it is sharply limited, I feel I should point out.

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**Author:** ![Invisible\_Chimp](https://avatars.discourse-cdn.com/v4/letter/i/f05b48/32.png) [@Invisible\_Chimp](https://boards.straightdope.com/u/Invisible_Chimp)\
**Post date:** [July 15, 2009, 10:50pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/13 "2009-07-15T22:50:33Z")

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> [@GIGObuster](#):
>
> .
> 
> Ron Wyden is the junior Senator from Oregon.

As of the last election, he no longer is the junior senator. Jeff Merkley is now the junior Senator from Oregon. Of course, I assume Wyden had the appointment before the last election, when he still was the junior Senator, so your point stands.

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**Author:** ![Captain\_Carrot](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@Captain\_Carrot](https://boards.straightdope.com/u/Captain_Carrot)\
**Post date:** [July 15, 2009, 11:00pm UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/14 "2009-07-15T23:00:33Z")

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> [@Ataraxy](#):
>
> As of the last election, he no longer is the junior senator. Jeff Merkley is now the junior Senator from Oregon. Of course, I assume Wyden had the appointment before the last election, when he still was the junior Senator, so your point stands.

What? Wyden wasn’t the junior Senator last year either. Ron Wyden joined the Senate in February of 1996, and Smith in January of 1997. Wyden’s senior, and has been since Smith won his seat.

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**Author:** ![Lakai](https://avatars.discourse-cdn.com/v4/letter/l/9de0a6/32.png) [@Lakai](https://boards.straightdope.com/u/Lakai)\
**Post date:** [July 16, 2009, 12:40am UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/15 "2009-07-16T00:40:37Z")

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Every Senator gets placed into some committee. The judiciary committee was probably the only thing available when Franken was sworn into the Senate. It isn’t that special unless there is a vacancy on the Supreme Court, which no one could have predicted back in January.

He is also on the Special Committee on Aging, the Committee on Indian Affairs, and sometime later he’ll be on the Committee on Health, Education, Labor, and Pensions.

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [July 16, 2009, 12:58am UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/16 "2009-07-16T00:58:23Z")

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> [@Sinaijon](#):
>
> There is a vast difference between a Junior senator and a freshman senator.

Please do elaborate, because you happen to be quite incorrect. A [junior senator](http://en.wikipedia.org/wiki/Seniority_in_the_United_States_Senate) is that senator of the pair of senators from a state who has continuous service in the United State Senate (the rules are slightly more byzantine, but for the great majority of cases, this factor alone will be determinative). A freshman senator is one serving her first term in the Senate (although given that a term runs six years, there is something unnatural about calling a fifth-year senator a freshman; you might be able to suss a rule that a senator is a freshman only during the two years of the Congress (as in the 111th Congress) to which they were first elected).

Therefore, in nearly every case, a freshman senator is a junior senator. Moreover, every senator has committee assignment. What “unimportant” committee should we limit freshman senators to? Appropriations? Armed Services? HELP? Maybe we should put all the freshman senators on Aging, since who cares about Social Security and Medicare?

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [July 16, 2009, 1:02am UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/17 "2009-07-16T01:02:54Z")

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> [@Kimmy\_Gibbler](#):
>
> \Therefore, in nearly every case, a freshman senator is a junior senator.

But not vice-versa, so I don’t think it’s “quite incorrect” to say there’s a vast difference between the two, for certain definitions of vast, anyways. In anycase, the post **Sinijoin** was responding to seemed to be confusing the two, so he was correct to point out the difference.

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**Author:** ![Piker](https://avatars.discourse-cdn.com/v4/letter/p/ba9def/32.png) [@Piker](https://boards.straightdope.com/u/Piker)\
**Post date:** [July 16, 2009, 1:08am UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/18 "2009-07-16T01:08:24Z")

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> [@Kimmy\_Gibbler](#):
>
> Therefore, in nearly every case, a freshman senator is a junior senator. Moreover, every senator has committee assignment. What “unimportant” committee should we limit freshman senators to? Appropriations? Armed Services? HELP? Maybe we should put all the freshman senators on Aging, since who cares about Social Security and Medicare?

Well, the Aging Committee is a special case, because it has no legislative authority, but I think you hit the nail pretty much on the head here. Every Senator is pretty much given a seat at one or two of the major committees (judiciary, foreign affairs, finance, armed services, etc.). Being on Judiciary isn’t something akin to a leadership post, which you earn through experience in the chamber and politicking in your caucus.

-Chris

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<div class="post-metadata">

**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [July 16, 2009, 1:16am UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/19 "2009-07-16T01:16:29Z")

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> [@Simplicio](#):
>
> But not vice-versa, so I don’t think it’s “quite incorrect” to say there’s a vast difference between the two, for certain definitions of vast, anyways. In anycase, the post **Sinijoin** was responding to seemed to be confusing the two, so he was correct to point out the difference.

**Sinaijon** ’s comment was made in response to **GIGObuster** ’s correct statement that being a junior senator does not bar anyone from committee service, regardless of the commitee. **Sinaijon** then responded with his remark about “vast differences,” the obvious suggestion being that the rules differed in point of committee service between junior senators and freshman senators. This is erroneous.

(See [Gricean maxims](http://en.wikipedia.org/wiki/Gricean_maxims). **Sinaijon** , if he did not mean to convey this alleged difference, would have violated that part of the Maxim of Quantity that one does not make one’s contribution more informative than required. Because I assume all posters are operating under the cooperative principle, I assume there was an [implicature](http://en.wikipedia.org/wiki/Implicature) intended.)

So, unless you can point out why emphasizing the distinction in meaning between “freshman senator” and “junior senator” was a relevant rejoinder to **GIGObuster** ’s comment and does not give rise to an erroneous implicature, I stand by my assessment.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [July 16, 2009, 1:21am UTC](https://boards.straightdope.com/t/al-franken-on-the-senate-judiciary-committee/503133/20 "2009-07-16T01:21:35Z")

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So they got seniors, juniors, and freshmen, but no sophomores. How very odd.

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