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You are here: Home / Politics / The Filibuster Lives

The Filibuster Lives

by John Cole|  May 24, 200510:00 am| 16 Comments

This post is in: Politics

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It looks like a some level-headed centrists managed to forge a coalition and end the nonsense about the filibuster, and it appears that they were led by the venerable Senator from Virginia, John Warner. As usual, I have quite a few opinions about the issue.

First, I have felt that all along that nominees deserve a vote. That just seems fair and appropriate. It does not, however, have any historical foundation in fact.

I found Republican attempts to market this as the ‘Constitutional’ option to be not very persuasive at all, particularly considering this is the same Senate that passed McCain-Feingold as well as legions of other bills of dubious merit. If Republicans wanted to persuade me about their concern for the Constitution, they should have tried to do so years ago, when judges were being blocked by the blue slip rule and other mechanizations. What about an up or down vote for them?

Again, attacking the Democrats for filibustering is a tad unfair unless you recognize why they are doing it:

Blocking judges via judicial filibusters, he says, is a quite different thing from blocking judges via traditional blue slips or through the majority exercising its legitimate control of the Senate calendar.

Quite so. The part he misses is that regardless of what you think of blue slips, Republicans were delighted to use them when Bill Clinton was the one nominating judges, but then suddenly reversed course and ended the blue slip tradition as soon as their own guy was in office. Ditto for “Rule IV,” another way that the minority had long been allowed to influence judicial nominations until the Republican party decided to do away with it last year. And ditto again for “up or down votes on all judges,” a decidedly newfound rallying cry among Republicans.

Wrapping these nominees in the Constitution is just the latest marketing ploy- not an all out respect of the Constitution. The Republicans really did set the table for this fight.

Likewise, it is a little difficult to swallow the Democrat’s exception to nominees, particularly when they find someone like Miguel Estrada to be too extreme.

At any rate, I think the deal is overall a good thing. The filibuster stays, and Republicans don’t know how lucky they are that is going to happen. The shortsighted fools claim they were just going to end the filibuster for judicial nominees. Whatever.

If the Republicans used the ‘nuclear option’ to BREAK (and they would be breaking the Senate organizing rules to do what they want) the rules and create new ones for filibustering, there is no doubt in my mind that the next time the Democrats controlled the Senate that they would feel free to break the rules to do whatever they wanted. Say goodbye to the filibuster for legislation, something that the GOP needs far more than the Democrats.

This was nothing more than a brazen power grab by my side, and everyone knows it. Fortunately, we get a few nominees put through, things go back to normal, and the Senate will not shut down. Life will go on.

As usual, the extremists will be screaming for heads. The evil moderates snatched ‘defeat from the jaws of victory’ (you will see phrase over and over again in the next few days) and they have betrayed the center-right coalition, and must be punished. Check out Powerline:

Finally, and most importantly, the president probably will be unable to get a Supreme Court Justice confirmed this session unless he appoints a moderate. And barring Republican gains in 2006, he probably will be unable to appoint a conservative Justice at all.

Senator Graham and his friends have likely given away one of the president’s most important powers — the power to nominate Supreme Court Justices of his choosing and get an up-or-down vote on them. I hope they enjoy the praise they are about to get from the Washington Post and the New York Times.

It is all about assigning motives when you are a hard-right Republican, because no one’s motives are pure but the arch-conservatives. And cry me a river- what is so wrong about a moderate Justice? Is this an admission that what some on the right really want is activist judges of the conservative kind?

Off with their heads, as Hugh leads the battle cry for punishing the 7 GOP Senators who chose to sign the contract:

No doubt cheerleaders for the “moderates” will think talk of dumping Chafee and Snowe, and ire at Graham and others is wrong-headed conservative partisanship. But they have never wanted ideas to govern in D.C., and center-right coaltions hang together on ideas, not interests. If there’s any hope of keeping that coalition together and in charge for a good run of years, there have to be consequences for betrayal of the coaltion. Loss of ofice and/or status should be the consequence of unprincipled political behavior. It isn’t anything but a political response to a political deal.

What Hugh and others fail is that the Republicans won because they wrap themselves up in the moderation of the centrists, presenting themselves as all cozy and warm and as ‘compassionate conservatives.’

In other words- Bush is President in large part because moderates voted for him. It was Arnold Schwarzanalphabet and Rufy Guiliani and John McCain who were the most effective campaigners for Bush in 2004. I didn’t see Dobson speaking at the GOP Convention. Republicans control the Senate and House because of moderate support. Try to organize a Republican leadership without the moderates. It fails.

At any rate, I voted for the Republicans, and all they have done is shit all over me since election day. The bankruptcy bill, the censorship calls, the pandering to the religious right, the new mandatory minimus bill, the Patriot Act II, and so on and so forth. It is about time we gave in to some ‘moderation.’ What else am I getting out of this coalition that demands my pure loyalty but offers me nothing in return?

The hard-liners don’t get it, though. They think because you support them some of the time, you must support them all of the time. They think in terms of permanent lock-step coalitions, not coalitions about ideas or issues. They are wrong.

At any rate, calls for conservative purity should fall on deaf ears. The Republicans are in control of the government in large part because of the moderates, not in spite of them. Go give money to these seven, they are going to get shit on by the extremists for the next few years. You should support them.

As a final note, let me just give you this quote:

“This Senate agreement represents a complete bailout and betrayal by a cabal of Republicans and a great victory for united Democrats. Only three of President Bush’s nominees will be given the courtesy of an up-or-down vote, and it’s business as usual for all the rest. The rules that blocked conservative nominees remain in effect, and nothing of significance has changed. Justice Clarence Thomas, Justice Antonin Scalia, and Chief Justice William Rehnquist would never have served on the U. S. Supreme Court if this agreement had been in place during their confirmations. The unconstitutional filibuster survives in the arsenal of Senate liberals.

“We are grateful to Majority Leader Frist for courageously fighting to defend the vital principle of basic fairness. That principle has now gone down to defeat. We share the disappointment, outrage and sense of abandonment felt by millions of conservative Americans who helped put Republicans in power last November. I am certain that these voters will remember both Democrats and Republicans who betrayed their trust.”

In my worldview, anything that has Dobson this hopping mad ain’t an all-together bad thing, even if I think all nominees should get an up or down vote.

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16Comments

  1. 1.

    epoh

    May 24, 2005 at 10:27 am

    I’m from the other side of the aisle. I stop by Balloon Juice, and other right-of-center sites, every now and then to do some recon behind the enemy lines.

    I must say that you have the most reasonable take on this that I’ve seen from your side, and pretty much mine.

    Congratulations. I’ll be stopping by more often. Don’t mind me; I’ll be the guy in the shadowy corner shaking his head, “And Balloon Juice was so reasonable over the filibuster thing…”

  2. 2.

    Bob Munck

    May 24, 2005 at 10:27 am

    Doesn’t an “up or down vote” just give the minority a way to dominate the majority? After all, Democratic senators represent a larger number of the American people than do Republicans. Shouldn’t the majority have some say in the matter?

  3. 3.

    Ben

    May 24, 2005 at 10:39 am

    It is awesome to see Dobson in complete meltdown over this issue. The guy is a first class douchebag and a charlaton. The hubris eminating from his statement is amazing. Can any conservative realistically claim that the evangelicals aren’t power hungry or after a theocracy after Dobson’s rant?

  4. 4.

    Halffasthero

    May 24, 2005 at 10:47 am

    “At any rate, I voted for the Republicans, and all they have done is shit all over me since election day. The bankruptcy bill, the censorship calls, the pandering to the religious right, the new mandatory minimus bill, the Patriot Act II, and so on and so forth. It is about time we gave in to some ‘moderation.’ What else am I getting out of this coalition that demands my pure loyalty but offers me nothing in return?

    The hard-liners don’t get it, though. They think because you support them some of the time, you must support them all of the time. They think in terms of permanent lock-step coalitions, not coalitions about ideas or issues. They are wrong.

    At any rate, calls for conservative purity should fall on deaf ears. The Republicans are in control of the government in large part because of the moderates, not in spite of them. Go give money to these seven, they are going to get shit on by the extremists for the next few years. You shuld support them.”

    I could not have worded this better. I do have a new-found respect for Warner, McCain and even Graham. If the Democrats take at least the house or senate, I will back McCain.* I have a lot of respect for him.

    *It is my hope that at least once wing of the Government gets out of Republican hands. Obviously, no one party can be trusted. The temptation for abuse is too great.

  5. 5.

    Anderson

    May 24, 2005 at 10:48 am

    Dobson’s “meltdown” is partly for show, I suspect.

    Re: Miguel Estrada, correct me, but I thought the objection wasn’t so much his extremism as his utter lack of a paper trail.

  6. 6.

    Mr Furious

    May 24, 2005 at 11:22 am

    Yup, Dobson’s faking it (to a degree). His bread is buttered with outrage.

  7. 7.

    Stormy70

    May 24, 2005 at 11:36 am

    This compromise sucks, and McCain bites.

  8. 8.

    Ben

    May 24, 2005 at 11:47 am

    Dobson may be faking it, but non-religious fundamentalists like me find it pathetic. The extreme right in this country is looking more and more angry, loopy, and out of touch with a majority of Americans.

  9. 9.

    KevinA

    May 24, 2005 at 11:59 am

    As a Democrat, I will say BOTH sides have acted ridiculously during this whole issur, my side equally included.

    That said, anything that angers Bill Frist and Dobson is clearly good for America.

    I commend the Centrists. Keep up the good work.

  10. 10.

    TJ Jackson

    May 24, 2005 at 12:09 pm

    The blue slip rule isn’t hard and fast as the majority leader can ignore it. As such it seems that your objections on this point are overwrought. To say there isn’t historical precedent for a vote is flat out wrong. Certainly you can name a president who has had appeals court judges subjected to the same treatment as this this president’s nominees.

    No doubt this meeting will be hailed as a triumph of moderation just as McCain-Feingold was. Besides trampling on the Constitution it openned the flood gates for the super rich to enhance the democractic process. Yes who can forget the same RINOs who voted with the Democrats for this moderate solution. And isn’t American Democracy better off for it? And won’t the presidential appointee situation be improved by the naked grab for political power?

    At least the RINOs have demonstrated they believe they rpresent themselves first, last, and always. I hope their constituents remember their actions.

  11. 11.

    cminus

    May 24, 2005 at 2:46 pm

    Quoth the new head of the Republican party, “Justice Clarence Thomas, Justice Antonin Scalia, and Chief Justice William Rehnquist would never have served on the U. S. Supreme Court if this agreement had been in place during their confirmations.”

    Actually, Antonin Scalia passed his confirmation hearing 98-0. But, hey, if you cared about facts, why would you vote for today’s Republican party in the first place?

  12. 12.

    TJ Jackson

    May 24, 2005 at 5:24 pm

    Cminus:
    Maybe its because the GOP knows what is is and tyhe Dems don’t.

  13. 13.

    TJ Jackson

    May 24, 2005 at 10:22 pm

    All hail the all knowning moderates. Someone explain to me how a judge could be worse than Satan, Dracula, and Darth Vader one day and then get confirmed 81-17? I love the principles of middle roaders. Like my old daddy used to say the only thing you find in the middle of the road is a yellow stripe and road kill.

  14. 14.

    cminus

    May 25, 2005 at 3:26 pm

    TJ: That’s not a reason to vote for Republicans. That’s a reason not to vote for Democrats. Not the same thing. Is there any affirmative basis for voting Republican anymore? Anything beyond “I think the Democrats are worse?”

    Also, “Like my old daddy used to say the only thing you find in the middle of the road is a yellow stripe and road kill?” Your dad is Jim Hightower? Man, no wonder you turned out so conservative. I’d rebel under those circumstances.

Comments are closed.

Trackbacks

  1. Cold Fury says:
    May 24, 2005 at 2:08 pm

    Tucked-tail curs whipped again, lick the hand that beat them

    Bill says that Den Beste says it better than he ever could, and speaking for myself I’ll just ditto that:
    By far the biggest complaint about this is that it clearly demonstrates that the Republicans can’t be relied on to maintain party discipline, and…

  2. smijer & Buck says:
    May 26, 2005 at 6:26 am

    Lotta Catching Up To Do & Links With Your Eye Boogers

    I didn’t take the free kick penalty that everyone else in the blogosphere got when the Koran Flushing church sign went up. John Cole did. Speaking of John Cole… I disagree strongly with him on the justification and need for…

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