Nuclear Judicial Showdowns Hinge On Extraordinary Circumstances
************************************
| » | |
Nuclear Judicial Showdowns Hinge On Extraordinary CircumstancesSenate 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