Friday, April 08, 2005

The upside of the nuclear option

The WashPost has an editorial today asking for a “Nuclear Freeze” on the Senate rules change, warning Republicans that the tables could be turned on them in the future. John Hawkins says “pull the trigger” and correctly notes that “there is no constitutional right to filibuster judges.” Meanwhile, Hugh Hewitt has a great post about the “filibuster” of Supreme Court Justice Abe Fortas:

The issue is the Senate Democrats' hijacking of the cloture rule to block judicial nominees --which prior to 1968 had been limited to Abe Fortas in October of 1968, and which had never been used against even a single lower court nominee in 217 years.
I’m still ambivalent on the nuclear option. In my opinion, the Democrats have invented a new definition of “advise and consent”, one that did not exist in the Republic for two centuries and the GOP would be justified in breaking the logjam. On the other hand, there are both legal and political options the White House can take to fight back the Democratic obstruction without changing Senate rules on the fly.

In the end, I’m going to come down in favor of the nuclear option for a personal reason: it would be hugely entertaining to watch the reaction of the Democrats and the radical Left if the Imperial Forces of the GOP make the rule change. Think of the news releases from Barbra Streisand, Michael Moore and John Kerry, the gnashing of teeth at MoveOn and People for the American Way. It would be great fun. Bring it on!

1 comment:

Anonymous said...

the democrats' recalcitrance and knee-jerk reaction ranting and raving have little to do with "advice and consent." it can't be taken seriously, because it looks nothing like the civilized discussion and dialogue that could take place if they would only make the good faith effort. they are choosing recalcitrance on soc sec, judges, and anything else they can just for the sake of recalcitrance at this point. frist, or better, delay, could stand up and say, "hickory, dickory, dock, the mouse ran up the clock," and pelosi, reid, byrd, etc., would jump all over it. (so would most of the msm i expect.) their rhetoric and actions are largely childish and don't conjure up much in the way of respect. (their vulgar hypocrisy doesn't either.)