... and Ginsberg [that would be the Ruth Bader Ginsberg] passes on to the happy hunting grounds in 2006.
Posted on 11/01/2005 12:30:51 AM PST by Crackingham
Senate Democrats appeared to lay the groundwork yesterday for a possible filibuster of Samuel Alito’s nomination to the Supreme Court, setting the stage for an intense partisan showdown that could culminate with the so-called “nuclear option.”
“Nothing is on the table, and nothing is off the table,” Senate Judiciary Committee member Charles Schumer (D-N.Y.) said within hours of President Bush’s announcement that he had picked Alito to replace Harriet Miers. Miers’s nomination to the high court was withdrawn last week amid heavy criticism from conservative Republicans who feared she would not be sufficiently loyal to their orthodoxy.
Though Democrats carefully avoided using the term “filibuster” yesterday, many of them criticized Bush for picking Alito, a conservative stalwart.
“I am concerned that the nomination may be a needlessly provocative nomination,” said Senate Judiciary Committee Ranking Member Patrick Leahy (D-Vt.). “Instead of uniting the country, the president chose to reward one faction of his party.”
Other Democrats targeted the president’s decision not to discuss the impending nomination with the minority party.
“The manner in which the president handled this nomination is disappointing,” said Ken Salazar (D-Colo.). “He did not consult with the Senate about this nominee.”
Bring it on!!
There's going to be a filibuster. Both parties' constituencies will be pushing them to go all the way.
As if there is any pleasing the chronic whiners short of telling them to do whatever they want.
Dealing with them is just like dealing with spoiled, angry children.
I predict Alito will be confirmed by a comfortable, but smaller margin than Roberts. No filibuster.
A Democrat filibuster is a dead issue - - won't happen.
Seven Democrats in the "Gang of 14" promised not to filibuster a Supreme Court nominee.
When Graham and DeWine agreed to enter the scheme (the "Gang of 14" deal) to trick the rats, they knew full well that they were going to take a hit from conservatives who were slow to figure it all out. And they did indeed take a beating, at least for awhile.
(Curiously, there are still some conservatives who haven't figured it out, even after Owens, Brown, Pryor and others have been confirmed, and even after it has been explained that Frist STILL has his finger hovering over "the nuclear button" and he can push it any time he needs to.)
Now, thanks to the "extraordinary circumstances" language of "the deal", the rats are boxed in, and our nervous "blue state" GOP Senators have the cover they need to vote nuclear if and when the time comes.
(It still boggles my mind that the Democrats walked right into the "Gang of 14" trap. I can hardly stop smiling!)
The Republicans needed to get a couple of ringers into the "Gang of 14" in order for the scheme to work, and it was Graham and DeWine who stepped up - - they are heroes. The quote from Lindsey Graham in today's NY Times report ("The filibuster will not stand.") is no surprise at all.
The scheme was needed in the first place because Frist was not certain that he had the fifty Senate votes needed (plus Cheney) to "go nuclear" and he figured that doing the "deal" was simply a superior strategy from a public relations point of view - - with "the deal", the liberal press couldn't accuse the Republicans of "running roughshod over the Constitution", being "bullies", doing "incalculable damage to Constitution", "destroying Senate tradition", etc.
The likelihood of getting those kinds of soundbites from the liberal press made a few of the "blue state" Republican nervous. But now they have considerably less to fear, because NOW they got some COVER. See, if the rats filibuster ANY qualified nominee the Republicans can throw up their hands and claim that the Democrats have gone back on their word. "We are left no choice in the face of broken promises by the Democrats but to change the filibuster rules at this time."
I happen to believe that "the deal" was a masterpiece of political ingenuity that could only have been dreamed up by the ghost of Lee Atwater over breakfast with Karl Rove. And it could not have happened without the willing participation of Graham and DeWine. It is also likely that Warner would support "going nuclear", and others who signed onto "the deal" will certainly hold their seven Democrat counterparts' feet to the fire and urge them to keep their promise.
SUMMARY:
As a result of "the deal", the rats cannot sustain a filibuster because seven of them have promised not to filibuster a Supreme Court nominee except under "extraordinary circumstances". (Simply being a conservative does not meet the criteria of "extraordinary circumstances".) IF five of the seven Democrats in the "Gang of 14" are forced by leadership to break their promise and support a filibuster, then the GOP can unabashedly go ballistic and righteously exercise their "nuclear" option.
And so any talk of a filibuster is "bluster".
Several outlying Democratic senators, including Robert Byrd of West Virginia, Kent Conrad of North Dakota, Bill Nelson of Florida and Ben Nelson of Nebraska, are seen as potential defectors to the Alito camp. Of particular concern to Democrats is Sen. Ben Nelson, leader of the so-called Gang of 14, a bipartisan group of senators who agreed this summer to prevent filibusters of judicial nominees, except in extraordinary circumstances. David DiMartino, a spokesman for Nelson, said Monday there was nothing about Alito that would lead the senator to change his mind and support a filibuster of Alito's nomination. "I don't think the 'gang' agreement is applicable," DiMartino said.
From your mouth to no one's ear. "Extraordinary circumstances" was left for each member of the Gang to define as he so wished. Being a conservative who wishes to overturn standing consitutional law (Roe) is going to be extraordinary enough for seven of those Democrats. I can't believe anyone thought this thing had any permanent value.
If the rtas go the "Extraordinary circumstances" route they will need 60 votes and not 50 !
That should be 'reddest of red'. Sheesh. My fellow Nebraskans will never forgive me!
Rush made a bet with a caller two two EIB shirts that he will get 65 or more votes.
very nice analysis..thanks..
Would not be surprised. . .they have nothing to lose.
. . .the nastiest fights are with those who 'have nothing to lose' as well. .
It does not meet the criteria for the 'reason capable'. . .the Demrats do not fall into this category.
Though as much as they are tempted and would like to threaten. . .do not think they will try this. . .but we should not be surprised if they do. . .
Bump for the son-to-be winner of two EIB shirts!
I think you're correct but I never trust the democrats in situations like these. If they believe the so called nuclear option is about to be used they could cave just to save it for more opportune times. They want more than anything at this point in time to feed the scandal fires and make a push for control of congress next year.
("Denny Crane: Gun Control? For Communists. She's a liberal. Can't hunt.")
No Filibuster....Alito will be confirmed by a comfortable margin..
... and Ginsberg [that would be the Ruth Bader Ginsberg] passes on to the happy hunting grounds in 2006.
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