Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Why I Support the Filibuster Deal (Stephen Bainbridge)
Tech Central Station ^ | 26 May 2005 | Stephen Bainbridge

Posted on 05/26/2005 9:46:19 PM PDT by Lando Lincoln

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-23 next last
A counterpoint for fellow FReepers to mull over in their usual FRiendly fashion.

Lando

1 posted on 05/26/2005 9:46:20 PM PDT by Lando Lincoln
[ Post Reply | Private Reply | View Replies]

To: Lando Lincoln

The only real argument I could come up with for not using the nuclear option would be the old principle of not wanting to back a rabid rat into a corner.


2 posted on 05/26/2005 9:48:17 PM PDT by tahotdog
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln

B A R F B A R F


3 posted on 05/26/2005 9:52:02 PM PDT by ImphClinton (Four More Years Go Bush)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln
" It's said that the Constitution's advice and consent provision is counter-majoritarian. But so what?"

I guess by that logic Bush can just swear them in without even going through the senate, after all, THAT's counter-majoritarian, too.

4 posted on 05/26/2005 10:01:42 PM PDT by Dr.Hilarious (If Al Qaeda took over the judiciary and mainstream media, how would they do anything differently?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln
Even if this precedent could be limited to judicial nominations, what happens if President Hillary (with a 50-50 Senate split) nominates somebody like Larry Tribe or, worse yet, Margaret Marshall to the Supreme Court? Wouldn't it be handy to still have the filibuster around then? Sure, the Democrats could pull the nuclear option, but, again, why should the GOP pave the way?

So, in other words, the winner of the election shouldn't be able to at least get their nominees onto the Senate floor for a vote?

Why is it that everyone who actually favors this stupid deal always drags out the "what if Hillary is the President" strawman to justify the fillibuster? Why plan for failure in 2008?

Every time we run as conservatives, we win. When we make these craven deals, we get slaughtered at the polls.
5 posted on 05/26/2005 10:03:42 PM PDT by A Balrog of Morgoth (With fire, sword, and stinging whip I drive the RINOs in terror before me.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln
"Even if this precedent could be limited to judicial nominations, what happens if President Hillary (with a 50-50 Senate split) nominates somebody like Larry Tribe"

A fillibuster in judicial confirmations is wrong no matter who does it--like it or not, if HRC is president she got there by the legal process of becoming president; ditto a democrat majority. The minority shouldn't have the right to clog up the will of such a majority. And how does screwing ourselves now so we can screw them later help anything?

Those preparing for the day we're no a majority--and those senators who behave as if we aren't a majority--are paving the way for the end of that majority.

6 posted on 05/26/2005 10:04:09 PM PDT by Dr.Hilarious (If Al Qaeda took over the judiciary and mainstream media, how would they do anything differently?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln
Wouldn't it be handy to still have the filibuster around then? Sure, the Democrats could pull the nuclear option, but, again, why should the GOP pave the way?


Better the Republicans use it NOW. If they don't, the dems WILL use it if they get back in power and have liberal judges to get through republicans. They already broke with tradition with the filibuster on judges, they are well aware of the "constitutional option", and will NOT hesitate to use it now that that genie is almost out of the bottle.

They were the ones who dropped the cloture requirement from 67 to 60 when it suited their needs!!!
7 posted on 05/26/2005 10:21:31 PM PDT by Jackson Brown
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln
Even if the GOP resisted that temptation, what happens the next time the Democrats control the Senate?

Demonrats have never resisted the temptation before.

8 posted on 05/26/2005 10:28:06 PM PDT by Kryptonite (Pope Benedict XVI - The Rat Zinger!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln
Of course it's not the end of the world.

But hopefully, it will be the end of some political careers.

Cool flag, BTW.

9 posted on 05/26/2005 10:29:09 PM PDT by teenyelliott (Soylent green should be made outta liberals...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tahotdog

They're rats and probably rabid, but they've been in that corner for some time, particularly over judicial nominees. Time to deliver the knockout poison and kill obstructionism in this arena. The federal judiciary is more important than social security, Iraq, the budget, etc..., because the decisions judges make impact the lives of Americans more substantially than legislation, particularly in recent years. More voters understand this every day. The payoff if they deliver on the nominees will be enormous, and the consequences of failure significant. We've seen progress since Monday, but they must keep their eyes on the prize and push forward. Frist is doing that, so far, I believe.

We will not tire * We will not falter * We will not fail


10 posted on 05/26/2005 10:39:39 PM PDT by Kryptonite (Pope Benedict XVI - The Rat Zinger!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Lando Lincoln

Reading all the replies so far tells me that people who call themselves "conservatives" are not really politically conservative. They are instead populists that happen to be socially conservative.



11 posted on 05/26/2005 11:20:04 PM PDT by mc6809e
[ Post Reply | Private Reply | To 1 | View Replies]

To: teenyelliott
But hopefully, it will be the end of some political careers.

That may be the silver lining. McCain's suicide bombing of Frist might actually open up the path for the 2008 nomination for someone like George Allen.
12 posted on 05/26/2005 11:30:48 PM PDT by A Balrog of Morgoth (With fire, sword, and stinging whip I drive the RINOs in terror before me.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: mc6809e
Reading all the replies so far tells me that people who call themselves "conservatives" are not really politically conservative. They are instead populists that happen to be socially conservative.

Whatever that is supposed to mean.
13 posted on 05/26/2005 11:31:53 PM PDT by A Balrog of Morgoth (With fire, sword, and stinging whip I drive the RINOs in terror before me.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: A Balrog of Morgoth
Whatever that is supposed to mean.

LOL. You really don't think there is a difference, do you?

Oh well. I guess I'll have to start using the term "classical conservative" now that the populist/fundamentalists have taken over.

14 posted on 05/26/2005 11:40:12 PM PDT by mc6809e
[ Post Reply | Private Reply | To 13 | View Replies]

To: mc6809e

Feel free to share your definition of "classical conservative".


15 posted on 05/26/2005 11:44:40 PM PDT by A Balrog of Morgoth (With fire, sword, and stinging whip I drive the RINOs in terror before me.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: Lando Lincoln

I agree that many conservatives are overreacting to the compromise. But I also belive that the lamestream media is showing their bias when they label it a defeat for Bill Frist.


16 posted on 05/26/2005 11:59:12 PM PDT by Clintonfatigued
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln

I just wish that the pubbies had gotten more mileage out of the judges that were being blocked. In my area, some group finally started running some ad that was on the air yesterday. It was a great ad about Janice Rogers Brown. The argument should have been moved away from an discussion about Senate rules and tradition and to the actual consequences of what was being blocked.


17 posted on 05/27/2005 2:23:23 AM PDT by Gadfly-At-Large ("Flattery corrupts the giver and the receiver"- Edmund Burke)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jackson Brown

bttt


18 posted on 05/27/2005 2:27:33 AM PDT by nopardons
[ Post Reply | Private Reply | To 7 | View Replies]

To: Lando Lincoln

I'm with Bainbridge. Good post.


19 posted on 05/27/2005 2:30:31 AM PDT by Sandy
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lando Lincoln

Bainbridge is a joke. From his own very special website - professorbainbridge.com

Over at NRO's Bench Memos blog, Jonathan Adler and somebody named Mark Levin are debating the filibuster deal. Levin's been banging away at me in several posts (and in the process violated basic blogosphere etiquette by failing to link to those of my posts he's criticizing). In contrast, Adler gets it exactly right:

I don’t think many conservatives maintain that the filibuster is useful as a tool to block judges. Rather, I think many conservatives believe that the filibuster is a useful legislative tool insofar as it allows conservatives to block the growth of government. The connection is that many conservatives rightly feared the proposed rule change for judicial nominations would lead to the complete elimination of the filibuster for all purposes the next time conservatives sought to block a liberal initiative. That is, getting rid of it where it is improper would lead to getting rid of it where it is proper and useful.

Update: I think I hit a sore spot. Levin sent me this email and told me to post it:

"Somebody named Professor Bainbridge is a little thin-skinned. I don't post my comments. NRO does. Take your etiquette complaint up with NRO. Having said that, IMHO your filibuster argument was George Will redo. Maybe you should have linked to his original story, just for comparison purposes. You know, blogger etiquette and all. I didn't think it was particularly harsh criticism, but you didn't handle it very well. Good luck to your students."

Umm. And I'm the one who's thin skinned? What a jerk, IMHO. But compare, contrast, and decide for yourself.


20 posted on 05/27/2005 6:21:54 AM PDT by holdonnow
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-23 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson