Pirates We Be

Wall Street Journal ^ | Wednesday, May 14, 2003 | STEPHEN G. CALABRESI

[WaveThatFlag]

Last Friday marked the two-year anniversary of President Bush's nominations of Miguel Estrada and Priscilla Owen as federal appellate judges. The nominations, supported by a majority of senators, are being filibustered to death by a posse of Senate Democrats. Tom Daschle, the Senate minority leader who has previously attacked filibusters as unconstitutional, is spearheading the effort. He growls that the current disruption is but a preview of what's to come.

[grobdriver]

Fortunately, Senate Majority Leader Bill Frist and 10 other senators, including Democrat Zell Miller, have proposed a resolution to prevent indefinite filibusters of judicial nominations.

I've heard of this.
So let's get on with it! Is it law yet?
If so, is the first vote scheduled to start the count down?
What's the hold up?

[battlegearboat]

Zell Miller was outstanding on Imus this morning.

[Stingray51]

I think the prior postings on this subject were right on: All the president has to do to end this nonsense is announce that if the Senate does not provide an up or down vote on every one of his nominees before going into recess, he has (very conservative) recess appointments lined up to take their places.

[WaveThatFlag]

Senate Rule XXII "is plainly unconstitutional."

What I'm wondering is why we can't just take this to the SCOTUS.

[headsonpikes]

I do not understand why the Republican leadership seems to want to be seen as ditherers and handwringers.

Is there an apologia for their behavior over this issue?

This is akin to the Texas Democrat fugitives.

Something ain't right.

[Dataman]

I do not understand why the Republican leadership seems to want to be seen as ditherers and handwringers.

Maybe -and I mean maybe- the moderates find it convenient to permit obstruction without having to take the blame.

[ImpotentRage]

I am so sick of this fiasco. When will the Republicans wake up to the fact that the Democrats are NOT their friends and act accordingly? What these appointees have been put through borders on criminal, and the Dems are allowed to go along their merry way. What a bunch of spineless wimps.

[headsonpikes]

"...the moderates find it convenient..."

Yes; that's a constant factor; but isn't their an element of assertion anywhere among the non-RINOs?

Or is the leadership essentially 'moderate'?

[headsonpikes]

'their' = 'there'.

A first for me. Grrrrr....;^)

[TheWillardHotel]

This action by the "posse" of Senate Democrats is
INSURRECTIONIST. It is not constitutional.

In a nation of laws, procedures, and proscriptions this
deed is nothing short of treachery.

Is this an omen of things to come.

Is this a "Catalline" conspiracy?
Where is our Cicero, to defend the republic?

[Jim Noble]

What I'm wondering is why we can't just take this to the SCOTUS

Because Rule XXII is NOT "plainly unConstitutional", it's authority is in fact in the plain text of Article I section 5, and the SCOTUS would not take such a case in a million years.

Other than that, it's a great idea.

[Jim Noble]

Is this an omen of things to come

Unquestionably.

If the RATs and their GOP friends have 40 votes in 1/05, I'm sure they will "filibuster" the organizing resolution.