March 14, 2003
GIVE THE MAN HIS DECODER RING:
Filibuster Si, Estrada No!: The great Republican divide over how to fight for Bush's judicial nominee. (Major Garrett, 03/17/2003, Weekly Standard)IT'S NOT CLEAR whether the constitutional definition of "advice and consent" will become a casualty of Miguel Estrada's fightfor a seat on the D.C. Circuit Court of Appeals, but the possibility is serious and sobering. In a 55-44 vote, Democrats last week defeated a Republican attempt to break their unprecedented partisan filibuster of Estrada's nomination, opening the way for the simple-majority standard for Senate confirmation of judicial nominees to be replaced with a super-majority requirement. The Republic isn't there yet. But it's close."If we go very much further there will be obvious consequences," said Sen. Jon Kyl, an Arizona Republican. "This standard will have to be applied to both parties and by both parties. This is very close to the point where you can't pull it back."
The strain on the Constitution and Senate precedent is now obvious. Less obvious is the toll the Estrada fight has taken on the relationship between the new Senate GOP leadership team and the Bush White House. While GOP senators are loath to admit it, the Estrada debate has drifted on this long because the White House and the GOP leadership could not fashion a cohesive strategy.
Excellent look at internal GOP politics on the nomination, but the author too is interesting. A few years ago CNN hired two of the best young Hill correspondents, Mr. Garrett and John King, which was disappointing because CNN is verbotten. Then Mr. Garrett suddenly showed up on Fox and now here he is in the Standard. You kind of wonder if conservatives in the Washington press corps have a secret handshake or something. Posted by Orrin Judd at March 14, 2003 8:45 AM
cohesive strategy? It appears the options the GOP had was to force the Dems to filibuster (as they've done) or wimp out and pull the Estrada nomination. I'm not sure what other strategy the GOP/White House could have pursued.
Posted by: AWW at March 14, 2003 11:44 AMJust curious, what's the downside of the GOP forcing the Dems to do a real non-stop speechifying filibuster?
Posted by: Bill at March 14, 2003 12:09 PMBill:
None of us have figured out a downside yet.
The downside is GOP Senators lose sleep (and fund-raising opportunities). All the GOP Senators have to be present to break the filibuster, but only a few Dems have to be present to continue it. So it hits GOP Senators harder.
Not that any of them think the interests of 51 Senators should trump the interests of 280 million Americans . . .
