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
We can only hope it works out.
And contact the Senators!
:)
Congressman Billybob,
What do you think about the fact that Sen Graham and Sen DeWine are ON THE JUDICIARY COMMITTEE?
....The saddest entry is Lindsey Graham. He was a man of principle in the House.....
Actually he vassilated for weeks on the impeachment. As I recall he thought one way one day and differently on another. I recall a massive FReeper letter writing campaign to try to make him see the light. Freepers like to talk about spineless..... Grahm is the very definition.
Thanks for your analysis.
I expect the Byrd/Constitutional Option to come up again, when the Democrats vilify and lie about another nominee down the road, like they did to Priscilla Owen and Janice Brown. ALL Senators, but especially these two, require additional pressure from the home folks to cast EVERY vote, including the Option, in favor of judges who believe in following the law.
Congressman Billybob
All three will be confirmed and will receive some Dem votes.
I would like to believe that, but the fact that the DemonRAT powers that be in the Senate voted for cloture signals that the fix is in to deep-six the nominees on the floor.
The fix is in to deep six 7 out of the 10 nominated. I strongly believe the three who get the up or down vote will be approved and will receive more than 51 votes. I listened to Graham speak this morning and he is voting for all three. Who do you think among the "gang of seven" GOP senators will vote against Owen, Brown, and Pryor?
They are sell outs & this is a power grab. They determine that the way to cool down the tone in DC is by undercutting everyone who is even slightly to the right of the MSM. They think things are still the same as the time of Nixon, when the left dominated both parties. They imagine themselves as leaders & are trying to drag their party back to the left. They fail to understand that if the country leaned as far left as they are, the Dems would still be in power.
You done good on content. Missing some throw away names, not a problem.
I DO think these seven have screwed themselves. they will get a pat on the head from the MSM for a week, and never get any more Dem votes. While losing their base, in their state and nationally.
Even in New England, I would assume the average "moderate" (whatever that means) would not know either major party candidate in the next senate election, or be a Dem activist trying to flip the seat. the Republican activists WILL know, and remember, these senators next time. And not to help them, believe me.
I think what is needed is some old fashioned yellow dog Democrats to take back a cut of the Northeast. Many "moderates" vote party out of habit & don't pay any attention to what their reps do once they're in DC.
Could be!
No problem - perfectly understandable. It's not like we don't ALL know who and where the traitors are. I have been watching diligently for days for your comments. Glad to seem them.
VENI, VIDI, VICTUS SUM*
Nam Vet
.
* I came, I saw, I WAS conquered (If any memory of Latin remains)
They are. At least four of them think the current leftist drift of the Supreme Court is just dandy. This agreement gives them cover to vote against the President--"I can't break my agreement, can I? The President didn't consult us so of course the dems think it's extraordiary."
As to McCain, who really knows what goes on in that twisted little mind behind the REDRUM grin--it has something to do with revenge and vindication and being president, but how he works that out and rationalizes it is beyond me.
As to DeWine and Graham, I have no idea what they were thinking. At least publically, they have stood for a more conservative Court. Why they acted to make that much less likely is beyond me. McCain may have promised Graham the VP spot on a McCain ticket, for whatever that's worth in today's dollars. Maybe DeWine and Graham are just stupid. I don't know.
FGS
My sentiments exactly. At the absolute core of this deal lies cowardice. Excellent piece. Thanks for sharing.
But this? "If, not when, the Democrats filibuster an “ordinary” nominee,...
Don't you mean "When, not if"...
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