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May 19, 2005

Filibuster Fight Gets Serious

A surprisingly balanced piece from the NYT.

Key bits:

In his opening remarks, Dr. Frist said Democrats had "radically" altered the traditions of the Senate by blocking votes on 10 of 45 appeals court candidates put forward by Mr. Bush. Even as a bipartisan group of senators sought to head off a climactic vote, Dr. Frist said the filibuster must be brought to a halt either by allowing the Senate to decide the nominations or changing the rules to ban such tactics. "We must restore the 214-year-old principle that every judicial nominee with majority support deserves an up-or-down vote," Dr. Frist said.

Democrats, alternating in speeches on the Senate floor with their Republican counterparts, were quick to note that Dr. Frist had himself voted to filibuster one judicial nominee in Mr. Clinton's administration, and that Republicans had employed procedural tactics of their own to stall as many as 70 candidates put forward by Mr. Clinton.

Senator Arlen Specter, the Pennsylvania Republican who is chairman of the Judiciary Committee, said that both parties were at fault. "These filibusters are the culmination of a power struggle between Republicans and Democrats as to which party can control the judicial selection process through partisan maneuvering," Mr. Specter said, adding that Democrats saw the filibusters as "payback time" for the way the Clinton nominees were treated.

...

Though the showdown has been building for the past two years, some senators of both parties had hoped it would never come, sparing them a difficult choice between party loyalty and Senate tradition. A bipartisan group of senators huddled in meetings that shifted among Senate offices, trying to strike a side deal that would forestall a vote. An agreement that would satisfy both sides remained out of reach on Wednesday night, though those involved promised to keep talking.

"We are just going to keep working together," Senator Ben Nelson, Democrat of Nebraska and a leader of the negotiations, said as he left an afternoon meeting between 7 Republicans and 4 Democrats.

...

Senior Congressional officials of both parties said the question of how to handle the Supreme Court issue was a main sticking point of the compromise negotiations.

Three officials, who would speak only without being identified because of the confidential nature of the talks, said Republican negotiators had offered to withhold their votes on the rules change but reserved their right to back it later if Democrats filibustered a nominee Republicans deemed acceptable. Democrats say the threat of the rules change must be eliminated for this session.

Negotiators also continued to wrestle with which disputed judges should have floor votes. Because of withdrawals by some candidates and Democratic offers to allow votes on others, the number of pending nominations at issue has been whittled to five, including that of Justice Owen.

A number of Republicans said a compromise that blocked votes on any of them was unacceptable. "I think there will be an uproar on our side if we throw anybody overboard," said Senator Orrin G. Hatch of Utah, a senior Republican on the Judiciary Committee.

...

Given the ongoing efforts at compromise and the difficult votes that may be ahead, several senators said they had no inkling how the fight was ultimately going to play out - a rare uncertainty in the Capitol. "It is when Congress is at its most interesting," said Senator John E. Sununu, Republican of New Hampshire.

Again, at least they're serious. But those 7 (seven!) Republicans seeking a compromise -- as opposed to four Democrats seeking one -- fills me with heart-ache.

Not because I necessarily reject a compromise (depends on the compromise, of course), but because the Democrats will hold fast on partisan loyalty and we cannot lose more than five Republicans.

Let me propose my own compromise:

These seven wavering Republicans can vote to kill the filibuster but preserve the right of the minority to block unacceptable judges by simply voting with the minority when they believe the minority has a good case.

But of course they'd like to avoid that... John McCain would prefer to allow the Democrats to block judges without getting his hands dirty by assisting them in that task. He still has this goofy notion that he can be President.

Maybe he could cobble together an electorally viable ad-hoc "centrist" coalition against a weak Democrat and weak Republican candidate, but that's a low-probability play.


posted by Ace at 12:35 PM
Comments



Hugh sums it up well here:

Rarely has a major American political figure contemplating a run for the presidency made such an unnecessary blunder on a policy matter as McCain has made here. He spent five years rehabilitating his image with the GOP base, and had made great strides, especially when he worked hard from the convention forward to re-elect Bush/Cheney. But he almost casually threw it away in a conversation with Chris Matthews. He could, of course, announce that he had to change his mind and vote with the GOP because of the intransigence of the Dems, which would be a very shrewd cutting of his losses, but the McCain stubborn streak may prohibit such a move.
I've never been a fan of McCain. There's almost a desperation there to be popular, and such a personality would make him a terrible president.

Plus, when he ran for president in 2000, his followers were real assholes. I went to New Hampshire the weekend before the primary to help out the Bush campaign and never before have I received the level of verbal abuse that I got from the McCainiacs. And I've worked the customer service desk at Wal-Mart, so that's saying something.

I think their candidate's self-righteousness wore off on them or something.

Posted by: Slublog on May 19, 2005 01:03 PM

I don't want a compromise. I like to gloat, and you can't gloat without winning; you can't win without a fight, and you can't have a fight if you have a compromise. Screw compromise. We should be picking fights and winning them - it's time for those pussies in the Senate to find at least one goddamn spine among the lot of them...

Posted by: Megan on May 19, 2005 01:09 PM

I think the best way to give some of those moderates a message is to beat one in an election, to be honest. My senator, Olympia Snowe, is one of the most spineless politicians in Washington. She's up for re-election next year. I don't think she's going to win.

Most of the Republicans I know are just plain sick of her and her BS. What Snowe is too stupid to realize is that the Democrats who she's trying to impress with her 'moderation' on this issue won't vote for her next year, either. I work in a place stuffed to the gills with liberals, and although most of them have voted for her in the past, 99 percent of them are planning to vote for her opponent (probably Tom Allen or Steven Rowe) next year. I guess during the election, she made some phone calls on behalf of candidates that were perceived as being "anti-womyn's rights" by the Maine moonbat brigade and that was enough for them.

So Snowe is trying, basically, to be nice to people who won't vote for her and pissing off people who would if she weren't such a whimpering puppy in search of positive attention.

Posted by: Slublog on May 19, 2005 01:19 PM

McCain needs to be keel hulled.

The lust for power has ruined him.

Posted by: GregS on May 19, 2005 01:30 PM

I keep reading the defensive excuse about some of Clinton’s judicial appointments not getting an up or down vote, either, so blah, blah, turnaround’s fair play, blabety-blabcakes. But. Clinton’s own party didn’t have control of the Senate, did they? So, the Republicans controlled the Senate because they were the majority party? Interesting concept - majority rule.

Posted by: Nordicgirl on May 19, 2005 01:36 PM

Ace, not only do I think McCain will run for President, but if he can get the nomination he would win.

All the things that we might dislike about him the country likes. People like that he is a compromiser. They like that he doesn't come off as a rightwinger. They like that he was for campaign finance reform even if they didn't understand the logistics of it.

The elections now are rarely about the details, but about the man. This is man who spent 5 yrs being tortured in a POW camp when he could have chose to leave earlier. His hero status will far outweigh any negatives.

He is more than electable.

Posted by: Rightwingsparkle on May 19, 2005 03:04 PM

The elections now are rarely about the details, but about the man.

McCain flies into vein-popping rage over minutiae. Voters notice.

Posted by: lauraw on May 19, 2005 03:08 PM

Maybe so RWS, but the base will slaughter McCain in the primary. I volunteered for McCain back in 2000, he will not get anywhere near as far as he did back then. The base is tired of spineless Republicans, no matter how much the media loves its "mavericks."

Posted by: brak on May 19, 2005 03:08 PM

brak, which is why I put in there "if he could get the nomination." But, if it looks like he would be the one to beat Hillary, you can bet your sweet ass we will ALL climb on board.

Posted by: Rightwingsparkle on May 19, 2005 03:22 PM

Here's something I don't understand: why don't the Republicans say "OK, you want to filibuster? fine. Then go ahead..." and then make them actually filibuster? Make drunken Teddy miss a night at the bar. Make the Dems blather on 24/7 for a while and then let's see if they still want to hold up nominees. Why aren't they considering this as an option, even?

Posted by: morpheus on May 19, 2005 03:23 PM

I know what you meant RWS. But it just won't happen. McCain will get sandbagged before he even gets to SC, no mater who he faces.

As to the "why not make them filibuster" questions, this is the best answer I've seen:

http://polipundit.com/index.php?p=7723

Posted by: brak on May 19, 2005 03:29 PM

Brak, thanks for that. Now I understand why. OK, let's just go nuclear and get it over with.

Posted by: morpheus on May 19, 2005 03:48 PM

Megan

Screw compromise. We should be picking fights and winning them - it's time for those pussies in the Senate to find at least one goddamn spine among the lot of them...

Yah! Und and the more ve squash dem like der bugs they really are, the stronger ve grow und de veaker they grow, i.e., once Republicans stop running from the MSM like the First Felon was still in charge and ignoring it they will be liberated and maybe will start ruling like the majority they are! Heil Bush!

Posted by: der uber fool on May 19, 2005 04:22 PM

McCain flies into vein-popping rage over minutiae.

And I thought I was the only one who noticed tends toward rage and is unbalanced.

Posted by: 27 useful fools on May 19, 2005 04:29 PM

DUF -

Damn straight.

:)

Posted by: Megan on May 19, 2005 04:39 PM

Brak -

It's not an answer. It says what we already know - the GOP would lose some goddamn sleep. Frankly, big f'in deal. I'd rather see our Senators lose their forty winks than our President and our party lose our judges.

Posted by: Megan on May 19, 2005 04:43 PM

Yeah but we can't keep a quorum in there 24/7, eventually it would fall apart. The answer is the nuclear option.

Posted by: brak on May 19, 2005 04:46 PM

I'm not arguing against the constitutional option. I'm arguing that it's a mug's game to avoid sending a nomination to the floor based on the THREAT of a filibuster.

Yes, keeping a quorum together would be a pain in the ass. It would also be a pain in the ass for the Dems to keep checking and to keep talking. What the hell would we lose exactly by forcing them to talk and putting it on TV? Eventually the quorum would "fall apart" but at least we'd have the satisfaction of making Teddy K (or someone else, I'm not particular) look like an obstructionist jerk in front of the nation. That's not without its tactical and strategic advantages.

Posted by: Megan on May 19, 2005 04:53 PM

I dislike McCain and I do not trust him. He is a bad man. I do not trust him, I think that during his time as a POW he was flipped.

Moonbattery? Perhaps, but I trust my instinct. He is a bad, self-serving man.

Posted by: Lipstick Dynamite on May 19, 2005 04:58 PM

It's not a matter of making the Democrats look bad, either; that will never happen. It's a matter of taking the initiative.

Republicans are weak because they act as if they are in the minority. They're reactive instead of proactive. Heck, in most cases, they're just plain inactive.

If the situation were reversed, the Dems would be plowing their judges through in any way they want and they would laugh at any arguments to the contrary. The Dems know how to play the game and it's high time Republicans started playing the same game.

Posted by: PlacidPundit on May 19, 2005 05:04 PM

I don't see McCain as bad. I think he is very complex because of his life experience. But my mind has never been completely made up about him. I like him one day and the next day he says something to tick me off. My instincts are usually pretty good. He could easily sway me to his side with a lot more conservative talk.

Posted by: Rightwingsparkle on May 19, 2005 05:09 PM

I'm very frustrated with the Stupid Party.

Why do they think they won so many decisive victories last year (not to mention the jaw-dropping 2002 midterms) ? If we wanted them to bend over for Democrats, we would have voted for Democrats in the first place.

We gave you the car keys, now DRIVE, you ninnies.

Posted by: lauraw on May 19, 2005 05:27 PM
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