Posted on 07/15/2013 11:37:05 AM PDT by cotton1706
In 2005, then-Senate Majority Leader Bill Frist threatened to end the filibuster for judicial appointments by forcing a mid-session rule change on a majority vote, an act that would have ended two centuries of precedent. Before he could act, though, the Gang of 14 arose, led by Republican John McCain, to preserve the senatorial tradition, brokering a deal that left conservatives fuming by depriving Frist of his partisan majority. Eight years later, with Harry Reid threatening to take the same action on executive-branch appointments, where is that Old Gang of Ours? According to NBC, at least McCain might be riding to the fight:
Back in 2005, then-Senate Majority Leader Bill Frist (R-TN) took the Senate to the brink, threatening to change the filibuster rules to clear some of George W. Bushs controversial judicial nominees. The move paid off: Cooler heads prevailed, Democrats and Republicans agreed on a compromise, and many but not all of those judicial nominees are now serving on the courts. Eight years later, with a different party in control of the Senate and White House, Senate Majority Leader Harry Reid is hoping to get a similar result by threatening the nuclear option to change the filibuster rules for only executive-branch appointments. The logic: This kind of threat is the only way to get some of President Obamas appointees through the Senate, including the previously blocked picks to head the Consumer Financial Protection Bureau and the National Labor Relations Board (who are now serving as recess appointments). NBCs Kasie Hunt reports that Sen. John McCain like he did in 2005 is trying to broker a deal. We got an e-mail over the weekend asking us about the Gang of 14 and wondering why the Democrats in that group werent standing up to Harry Reid in the way that Republicans stood up to Bill Frist. The short answer is that most of them arent standing in the Senate now anyway, and a couple of them are no longer with us at all. Both Robert Byrd and Daniel Inouye have passed away in the intervening eight years, and Joe Lieberman, Ken Salazar, and Ben Nelson have left.
That only leaves Mary Landrieu (LA) and Mark Pryor (AR) from the previous Gang of 14 still in the Senate, but the question is good for them too. Both face tough re-election efforts in red states next year; theyre already on the endangered-incumbents list even without this fight. Its a no-brainer that their Republican challengers will use Reids power grab against them if it succeeds. Reid, however, has four votes to spare (five if Biden votes in a 50/50 split). Id expect Reid to let them vote against the rule change if it comes down to that.
But will it? Chris Cillizza isnt sure:
Of course, part of the way to win in politics (like poker) is to bluff so convincingly that the other guy (or gal) falls for it even though you really never were willing to go all the way in. So, is Reid bluffing?
No, according to one Reid insider. In his heart, hes an institutionalist, but his caucus and he have reached a tipping point on executive nominees, the source explained. If no deal, hell do it.
The final chance for a deal will come Monday night when the full Senate gathers in the Old Senate Chamber in hopes of hashing one out. I think this has gone beyond bluff. Reid got ripped by his allies for bailing out of filibuster reform at the beginning of the session. Raising it now without pulling the trigger or at least getting a great deal in its place will make him look too weak. The caucus is driving the conflict, not Reid, so unless the caucus gets cold feet (and it may after the Schweitzer announcement this weekend), Id bet this isnt a bluff.
As Erika noted yesterday, all of this is to protect the illegally-recess-appointed Richard Cordray and the NLRB commissioners, and the regulations both have promulgated. Any deal that doesnt salvage those appointments and negate the appellate courts actions will fail to move Reid, but that doesnt mean hell end up winning in the long run. After a Republican President starts filling up the executive branch with conservatives and Senate Democrats in a minority have no way to stop him or her, the folly of this act will finally dawn on them. That may take a while, but it wont take forever, no matter what the Democrats of today may hope.
I doubt that he'll work too hard. After all, the whole point of the gang of 14 was to prevent conservatives from getting lifetime appointments to the bench. It was easy to round up a bunch of moderates to be against that!
So what was Mitch McConnell’s position on what Frist was proposing to do? Did he support it in 2005 or oppose it?
Even a retarded pig can find a truffel from time to time.
Doesn’t really matter to him one way or the other, he’ll service the democrats any way he can.
“broker a deal” = “we’ll rubber-stamp 150 judges and 40 appointees for you if you just leave our precious rule alone”
The sat time Reid threatened his, the House threatened to shut down Congress. Where’s Boehner on this issue? The Senate cannot pass any bills without House concurrence, even if they get their appointees.
If Reid and Obama get their way there would be any "long run" but there will be a "forever."
The stupid thing is that republicans have largely believed that a president is entitled to his nominees, no matter how liberal, because they are part of his administration.
The fights have been over regulatory commission appointments. Especially illegal ones.
The other fights have not been about STOPPING nominees, it has been about having HEARINGS where the republicans get to show how bad the nominees are. Reid has blocked all discussion of nominees, which is why there are filibusters — to HAVE discussions, but Reid refuses to allow them, and just pulls the nominees instead.
“and many but not all of those judicial nominees are now serving on the courts.”
Not at all. Most of them were rejected. Of the original 10, only 5 made it, and 3 additional filibusters were used on remaining candidates.
Still, I wonder if changing the Senate rules will serve the STATES well? I mean, that's what SENATORS are for... well, once upon a time, pre-17A.
“If Reid and Obama get their way there would be any “long run” but there will be a “forever.””
If Rubio, McCain, Graham, Ryan....hell the entire GOP leadership... get their way on amnesty, none of this will matter anyway.
Juan McAmnesty is looking for some face time on the Sunday morning shows so he can blame the TEA party and Conservatives.
Of course, part of the way to win in politics (like poker) is to bluff so convincingly that the other guy (or gal) falls for it -- even though you really never were willing to go all the way in. So, is Reid bluffing? No, according to one Reid insider... The final chance for a deal will come Monday night when the full Senate gathers in the Old Senate Chamber in hopes of hashing one out... Reid got ripped by his allies for bailing out of filibuster "reform" at the beginning of the session. Raising it now without pulling the trigger -- or at least getting a great deal in its place -- will make him look too weak. The caucus is driving the conflict, not Reid, so unless the caucus gets cold feet (and it may after the Schweitzer announcement this weekend), I'd bet this isn't a bluff. As Erika noted yesterday, all of this is to protect the illegally-recess-appointed Richard Cordray and the NLRB commissioners, and the regulations both have promulgated. Any deal that doesn't salvage those appointments and negate the appellate courts' actions will fail to move Reid, but that doesnt mean he'll end up winning in the long run. After a Republican President starts filling up the executive branch with conservatives and Senate Democrats in a minority have no way to stop him or her, the folly of this act will finally dawn on them.
And the media will help all the Democrat Senators who vote for this most extremist policy to run for reelection as “moderates”.
It’s their job...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.