(Senate ) Compromise could hurt Democrats in battle over Supreme Court

Kansas City Star ^ | Sat, May. 28, 2005 | DICK POLMAN Knight Ridder Newspapers

[deport]

Why do you feel that Justice Scalia will be the nominee for Chief Justice? History tells us that only three of the 16 Chief Justices have been elevated to that position from the Associate Justice position. President Bush can be predictable but he can also be unpredictable. I don't think he'll select an existing Associate Justice for that position but rather select someone from off the court and have only one battle. jmo.

[Dog Gone]

The screaming and whining over this agreement at this forum was, and maybe still is, an overreaction.

I'll never vote Republican again, dammit!

Gimme a break.

At worst, the agreement postponed the nuclear option and we finally got a filibustered judge approved. More to come.

John Paul Stevens will have to drop dead before he retires under a Republican administration, but his vacancy will probably the first that is really a battle.

Bush will do well to replace Rehnquist with someone as conservative as him and I don't expect the Rats to make much fuss about it. They can pat themselves on the back for showing how bi-partisan they are how they respect the comity of the Senate.

[Clintonfatigued]

For one thing, Bush has mentioned Scalia as being the kind of judge he would appoint in the case of a vacancy. In addition, Scalia has indicated an interest, and there are rumors that he'd retire if someone else were nominated to succeed Rehnquest.

Another factor is that, in spite of their vastly different views, Scalia is personally frieldly with Ruth Ginsburg and Stephen Breyer. Maybe Bush figures he could influence them on a few key votes, though it hasn't happened so far.

[Waco]

Nope, no way, the "compromise" is gone forgotten in the blink of an eye. Watch, if I'm right. The RATS are but a hairs breadth above communists.

[deport]

Thanks...... I see those things but see them as the exact reasons as why President Bush won't select Scalia. The obvious is often not the course with President Bush or that is my observations. Again thanks for sharing your reasoning.

[GoBucks2002]

These dems that came away from that little "compromise" charade thinking that President Bush is going to "ask the dems" who he should nominate, are really stupid!

Actually, they have history on their side. Republican majorities have always let Democrats call the shots anyway. The Republican Senate was almost useless to Reagan. The Republican House and Senate let Clinton do whatever he wanted legislatively (and let him take credit for the rare occasions he adopted their ideas).

[Txsleuth]

Speaking of liberals---you can see an idiot liberal right now on C-span---

REp. Conyers is having a hearing about "Fairness in Media" with Al Franken and a bunch of his left-wing pals as witnesses....Franken is on right now....Blech!

[Ernest_at_the_Beach]

So how is Ginsberg's health anyway?

I thought at one time she might be the first to give up her seat because of health problems.

[Ernest_at_the_Beach]

Another analysis:

Nuclear Judicial Showdowns Hinge On Extraordinary Circumstances

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Nuclear Judicial Showdowns Hinge On Extraordinary Circumstances

Senate Judicial

Author: Steve Sabludowsky  |  5/24/2005

Extraordinary circumstance is the “Buzzword”.  The ad-hoc committee of 14 Senators who came together to avert the “judicial nuclear” solution have for now turned down the volume and stepped from the brink as suggested on ABC’s Nightline Monday night.  But, in reality with President of the Senate Bill Frist threatening the use of the nuclear option at any time, with members of the extreme right and left expressing great displeasure with the settlement and with political realities changing all the time, what these Senators might have done is just save time, for now.

 

Obviously, the future brinkmanship hinges upon amorphous vagaries of “extraordinary circumstances”.  But the agreement is designed that given the political makeup of the Senate, these same senators would bind together on future judicial nominations to protect the rights of the minorities and at the same time provide President Bush with the right to name justices of his liking.  But, ever so fragile is the agreement and the definition. 

 

With Supreme Court Justice William Renquist expected to step down from the Supreme Court, with abortion, right to life, right to choose being the litmus test for so many, with Senate leaders and advocacy groups willing to cast aside all civility so their sides win, the committee of 14 might define “extraordinary circumstances” totally different when the political circumstances and pressures change.

 

One of the 14 Senators who signed the agreement was Senator Mary Landrieu (D- Louisiana) who appeared on Nightline along with two other signatories and who said in writing, ““I am so proud we were able to reach an agreement that truly reflects the best traditions of the Senate,” Sen. Landrieu said. “Had the Republican leadership launched this ‘nuclear option’ tomorrow, I fear we would have reached a point of no return.  That would have been a sad day indeed.

 

“But now, we have an opportunity for pause, a moment for hope and a chance to return to the finest traditions of our body, avoiding the rancor that has become so commonplace in recent years.  This agreement helps protect these cherished traditions by ensuring that the minority – and even a lone individual – will continue to have the right to speak up and be heard.”

 

That lone individual might one day be President Bush who try to test the waters once again by nominating a judge or Supreme Court justice that might meet or fail the “extraordinary circumstance” appreciations of some of the same 14 Senators.  Then, again due to the extraordinary efforts of 14 leaders, President Bush might realize that the country does not want to be on the brink and wants a rest from these constitutional showdowns.  We’ll just have to wait and see. 

 

For now, while some nominees might have been perfectly acceptable and might have made wonderful judges, 14 Senators exercised some courage and created a coalition, the likes we might not see in quite a while.

Complete Text of Signed Senate Agreement On Bush Judicial Nomination - Filibuster Busted?

Discuss this issue of the judicial compromise on our Buzzboards

Newsweek’s Koran Damage Control Flushed - Magazine Placing Blame Elsewhere

[nwrep]

Republican President Dwight Eisenhower named Earl Warren and William Brennan, who helped tilt the court leftward for a generation

For all the hoopla about being a Republican, Ike was a social liberal. In fact, it wasn't a given that he would run as an "R". Plus, at that time, the Republican party, as it was dominated by the striped-pant, Rockefeller bunch, was the liberal party. Don't forget that JFK's SC appointment (White) was one of the most conservative justices on the bench for a generation, and dissented in Roe v Wade.

So in those days, when the Republicans appointed a judge, there was no guarantee they were looking for someone conservative.

[Ernest_at_the_Beach]

More on the Filibuster ....and MOU.

[Txsleuth]

I love the way Landrieu said that the agreement means that the minority will have the "right to be heard"---like we don't "hear" them all day and night on the MSM...?

Like their bitchin and moanin isn't heard on the Senate floor every single day?

Dang, Frist offered 100 hours per nominee---Owens debate was over 4 1-2 days of Senate time and was still less than 50 hours....and we all know how tiresome THAT became...

They have anemic arguements and yet they get their way, WAY to often...

[Dog Gone]

I thought at one time she might be the first to give up her seat because of health problems.

She's apparently beaten colon cancer, but she doesn't look too good to me. Helen Thomas doesn't either, but she seems to live just to torment me.

[Ernest_at_the_Beach]

ROFL!

Helen is exceptional in so many ways......

[Republican Wildcat]

John Paul Stevens a moderate? LOL.

[Zack Nguyen]

But these Bush allies - who fervently seek a high court that will end legal abortion and lower the wall between church and state...

WRONG! I get so tired of these "objective" media members! No Christian conservative wants to bring the church into the government. We want Christian ethics in government. How often does it need to be said that there is a difference? Are these reporters ignorant, or is this done on purpose?

[Ernest_at_the_Beach]

I say, on purpose!

[edsheppa]

It would appear that the Democrats, by lifting blockades against Brown and Pryor, can no longer reasonably cite a nominee's conservative ideology as grounds for a filibuster.

How convenient periodic memory loss is to the Old Media. Only a few short years ago the Democratic mantra was "no political litmus test" for judges. I guess that stance is "no longer operative."

[Yosemitest]

Damned right, "some of the anger is genuine."

NOT ONE PENNY!!!

I'm angry enough to pledge money to real conservatives who will run against these RINO's and replace them. How about $100.00 a head?

I encourage everyone to attack!

Lincoln D. Chafee of Rhode Island
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