Posted on 05/24/2005 9:00:37 AM PDT by Congressman Billybob
Yesterday the Senate reached a Compromise on confirmation hearings on certain judicial nominees. But “compromise” normally means an agreement between opposing parties where both make concessions and commit to keeping the bargain. By that standard, this is no compromise. It is, as Shakespeare wrote in Macbeth, “a tale told by an idiot, full of sound and fury, signifying nothing.”
Allow me to prove the point.
The 14 signing Senators committed to vote to close debate on the nominations of Priscilla Owen, Janice Brown, and William Pryor for various Circuit Courts. They made no commitment on nominees William Myers and Henry Saad. Regarding other nominees for federal courts these Senators said, “Nominees should only be filibustered under extraordinary circumstances...”
In return for this promise, these Senators pledged “to oppose the rules changes in the 109th Congress” (in Rule XXII, the cloture rule).
Extraordinary circumstances will be defined by each Senator. Consider that Ted Kennedy and other rabid Democrats believe it is “extraordinary” any time a Republican (temporarily occupying the White House) makes any nomination.
If, not when, the Democrats filibuster an “ordinary” nominee, all bets are off. We are looking at two schoolchildren in a playground who’ve just reached a deal. Both have one hand behind their backs, fingers crossed.
Lastly, the Compromise demands certain actions of the President, who didn't sign the deal. It reaches the length of Pennsylvania and insists the President “consult” with the Senate before making any future nominations. No President from George Washington to Bill Clinton has routinely done this.
The MSM is hailing this Compromise as a “victory for the centrists in the Senate.” The press has the right number of syllables, but the wrong word. This is a victory for the cowards in the Senate. These Senators signed: Republicans John McCain, John Warner, Susan Collins, Olympia Snowe, Mike DeWine, Lindsey Graham and John Chafee; plus Democrats Robert Byrd, Ben Nelson, Mary Landrieu, Daniel Inouye, Ken Salazar, Mark Pryor and Joe Lieberman.
The Democrats are afraid to stick up for “the traditions of the Senate,” as Harry Reid has dishonestly portrayed it. The most fearful is Ben Nelson. He’s from Florida, which went strongly Republican in 2004. He’s running for reelection in 2006.
But the Republicans are also cowards. Collins, Snow and Chafee are doing their imitation of stray grapes in fresh fruit aisle at the Piggly Wiggly. They are squishy. The saddest entry is Lindsey Graham. He was a man of principle in the House, and when elected to the Senate. But like Joe Lieberman, when push came to shove, he found the political path too steep to climb if burdened with principles.
While we’re on that subject, consider Robert Byrd on his ancient feet, incessantly repeating himself like the elderly brothers in Barry Levinson’s Avalon. Byrd claims to defend “the institution of the Senate.” Why didn't any Senator rise and ask this question: “Is the Senator so senile that he has forgotten when he was Majority Leader and used a majority vote four times to change the procedures of the Senate?” Of course, in the decorous world of the Senate, it would have been phrased more politely
Because of the holes in its logic and terms, this Compromise is no agreement at all. It will fall apart shortly after the three judicial nominees have been confirmed. When Chief Justice Rehnquist resigns in a month and President Bush nominates Antonin Scalia to replace him, all Hell will break loose.
The orgy of mutual self-congratulation on the Senate floor Monday night was like the similar orgy six years ago when Congress declared the federal budget was balanced. The appearance of balance was manufactured by snapping up every penny of the Social Security surplus. The mutual agreement of Republicans and Democrats that they have jointly achieved some magnificent goal was worthless in the face of facts to the contrary.
Far from affirming the Senate as an institution, this Compromise has covered it in shame. The Senate has truly “stepped back from the precipice” – of making a decision. Instead it has substituted a fog of words for a difficult but important decision. The Gunfight at Not-OK Corral is still coming to a theater near you. Just you wait.
The Senate has solved nothing. And the Constitution (remember that, it was in all the papers) has been trashed again.
The Senate has only kicked the can down the road, to confront the same problem under worse circumstances in a month. If that doesn't meet Shakespeare’s definition of idiocy, what does?
About the Author: John Armor is a First Amendment attorney and author who lives in the Blue Ridge Mountains of North Carolina. John_Armor@aya.yale.edu
| Next Election | Name | State |
| 2006 | Snowe | ME |
| 2006 | Chafee | RI |
| 2006 | DeWine | OH |
| 2008 | Graham | SC |
| 2008 | Warner | VA |
| 2008 | Collins | ME |
| 2010 | McCain | AZ |
BTW,from todays Washington Times, all we will ever need to know about John McCain:
'Moments earlier as the deal was about to be announced, several Republicans offered the lectern to Mr.Byrd, who demurred, waiting instead for "his turn".
"Your turn is whenever you want it to be", said Mr. McCain, a chief architect of the deal who had to leave the press conference before it ended to make an early screening of a movie about himself.'
McCain is from Venus.
Apparently you didn't hear Lindsey Graham (RINO-NC) this morning. He said he expects at least one of the judges that are being granted a floor vote to be defeated on the floor.
At least I didn't say East Carolina :-)
I still bet that all three will be confirmed and I'll stand by it.
I hope they make it possible again.
From Boortz, to Rush, to the Free Republic threads, Republicans are e-mailing and posting the same sentiments. This may create a viable third party in '08. Who knew that Bush could round up the most votes ever by a presidential candidate and create such solidarity in the party only to have these limp-wristed Senators fail us?
Was he referring to Henry Saad, who was not specifically guaranteed or denied a vote? I'd be beyond shocked if Pryor, Owen, or Brown is defeated in an up-or-down vote. Saad supposedly has something nasty in his FBI file and might be the target. Sounds like the GOP dealmakers are throwing a bone to the liberal activists on behalf of their Democratic counterparts.
Saad was widely believed to be one of those denied a floor vote. IIRC, Graham's comments applied to those that would not continue to be fillibustered.
Apparently Reid did say something to that effect, although it is apparently a violation of Senate rules (and law?) for him to have seen OR commented like that on the file.
But he knows there will be no consequences.
Joe McCarthy had nothing on these guys.
On many issues, I think there is restiveness in the Republican ranks. I fear a party split that would only help the Democrats 9think 1992), but then again the Republican party didn't win immediately when it was founded (1854, I believe?) but stuck to its guns.
Holding to one's principles usually wins out over trying to please everyone. And it allows one to sleep better at night anyway.
I hope you are right - and we prevail!
I hope you are right!
Thanks for posting. I will remember!
Either we meat out these moderates or form a third party of TRUE conservatism. They cannot be allowed to stymie the conservative agenda.
Arlen Specter actions prove his support of the Constitutional Option.
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.