Filibuster Myth-Busters

The Washington Times ^ | April 15, 2005 | Wendy E. Long

[Choose Ye This Day]

Myth No. 1:Filibuster of judges is a sacred tradition.

Fact: The filibuster is nowhere in the Constitution. It is not among the "checks and balances" our Founding Fathers created. It did not even exist until the 1830s, and the "tradition" involves legislation, not judicial appointments. The filibuster was used to defend slavery and oppose the Civil Rights Act — hardly noble purposes. The current obstruction of judges is no "traditional" filibuster: it is the first time in more than 200 years that either party has filibustered to keep judges with majority support off the federal bench.

Myth No. 2: Mr. Bush's nominees are being treated no differently than other presidents' nominees.

[Choose Ye This Day]

As heard on Laura Ingraham's show.

[Excuse_My_Bellicosity]

[Republican Red]

Thanks. I bookmarked for later use

[G.Mason]

Great read!

Thanks

[Choose Ye This Day]

Pretty good show. I'd like to shave Beret Boy's handlebar mustache and goatee, though.

[Egon]

Ping

[Choose Ye This Day]

I hadn't heard about this poll:

a recent Ayres McHenry nationwide survey reveals that 82 percent of registered voters believe well-qualified nominees deserve a Senate vote. That includes 85 percent of Republicans, 81 percent of Democrats, and 81 percent of Independents.

[Choose Ye This Day]

An important distinction:

Liberals also argue that Abe Fortas was not confirmed as Chief Justice in 1968. But Mr. Fortas was opposed by a Senate majority (both Republicans and Democrats), and President Johnson withdrew the nomination. Today, a Senate majority supports the nominees, and the president is not withdrawing them.

[tje]

Good find.. thanks for posting...

[Choose Ye This Day]

This is the crux of it all:

A liberal minority needs federal judges to advance their agenda — allowing child pornography as free speech, mandating same-sex marriage, removing "under God" from the Pledge of Allegiance, banning school prayer and preventing the death penalty for murderers and terrorists — because they can't win these issues at the ballot box.

[Congressman Billybob]

Freepers are all over this issue like white on rice. That includes me, as one of the speakers at the FR-sponsored March for Justice II, Thursday a week ago in Washington. After that rally, I spoke to and gave copies of this speech to the staff experts on this subject in the offices of Senators Burr, Dole and McCain.

As press reports already posted on FR demonstrate, my efforts with McCain's office were a failure. The other two Senators (both from North Carolina) are solid on this issue.

Please click below, read this speech, and consider whether further circulation of this document might assist the cause. If so, please get in touch with me personally as quickly as possible. I hope to go to press as early as Monday for thousands of copies of this.

Congressman Billybob

Latest column, "Billybob's Speech for FR's March for Justice II"

[BufordP]

I saw Wendy Long on Scarborough last night. Buchanan was subbing for Joe. She's great! Really represents our side well.

[Arthur Wildfire! March]

Also heard this report on Laura Ingraham's radio show. FReegards....

[Excuse_My_Bellicosity]

Yep, I like it. It's cool to see them blow up things, run them over with cars, and electrocute mannequins.

As far as the subject of this thread, I like Laura's take on it. Funny how the tactic of the filibuster has been elevated to some sort of noble cause.

[IamConservative]

The filibuster was used to defend slavery and oppose the Civil Rights Act — hardly noble purposes.

There is a 1000 pound sound bite. I would add:

The filibuster was used by Democrats to defend slavery and oppose the Civil Rights Act — hardly noble purposes.

[Choose Ye This Day]

Good addition.

[Choose Ye This Day]

Just to clarify: Wendy Long wrote the article. Laura Ingraham mentioned it and read the article on her radio show today. I may not have made that clear.

[Excuse_My_Bellicosity]

Gotcha, thanks for the tip!

[gridlock]

The recent Ayres survey shows 67 percent of voters agree that "we should take politics out of the courts and out of the confirmation process." A full 61 percent of Democrats agree with this statement, as well as 73 percent of Independents and 69 percent of Republicans.

The one sure way to get politics out of the confirmation process is to get the federal judiciary out of the political process. Right now the federal judiciary is the prime agent of political change in this country. Most of the major policy shifts over the last 30 years have been the direct result of court decisions, not legislation. If the Federal Bench is where the action is in terms of policy making, then it is only natural that politics is going to play a central role in the confirmation of judges to the Federal Bench.

The role of changing the law has to be returned to the Legislative Branch. There the parties can merrily duke it out quite properly in the political sphere.

[Nathan Zachary]

These obstructionists need to be reeled in. Pass a law that fines them 10,000 a day for filibustering, or some simular penalty for obstructing the workings of government.