March 23, 2005
DOES MS COLLINS THINK VOTING AGAINST HER COLLEAGUES WILL IMPROVE THE ATMOSPHERE? (via Daniel Merriman):
Support falters for the 'nuclear option' (Charles Hurt, 3/23/05, THE WASHINGTON TIMES)
Senate Majority Leader Bill Frist does not have firm support among his caucus to employ the so-called "nuclear option" for dislodging the Democratic filibusters against President Bush's judicial nominees.Of the 55 Republicans in the chamber, at least six are undecided or adamantly opposed to the plan of using the rare parliamentary procedure to end the filibusters with a simple majority vote, rather than the 60 votes normally required.
"I am very concerned about the overuse of the filibuster," said Sen. Susan Collins, a Maine Republican who said she remains undecided. "But I am also concerned that a rule change will further charge the partisan atmosphere to the point that we will not be able to conduct business." [...]
In addition to Miss Collins, three other Republicans say they are undecided but have serious reservations. They are Sens. John W. Warner of Virginia, John McCain of Arizona and Chuck Hagel of Nebraska.
Senators McCain and McCain Light have presidential aspirations, so they have to vote for it and at that point the others have no cover. Posted by Orrin Judd at March 23, 2005 10:56 AM
Sen.Chuck Hagel (R-Saudi Arabia) will wait until Crown Prince Abdullah tells him what to do.
Posted by: bart at March 23, 2005 10:59 AMMcCain and Hagel probably figure their status in the media transcends the need to vote in favor.
They are quite wrong. They will wind up in the same place as Jack Kemp or John Anderson (or where GHWB would have been, had Reagan selected someone else in 1980).
And policy points aside, if Bill Frist wants to run the Senate, he needs to kick them in line. Hard.
Posted by: jim hamlen at March 23, 2005 11:01 AMNot quite sure I understand all this.
Let 'em filibuster. Then let the GOP reap the rewards in 2006, 2008....
It's merely smart politics.
(Using muscle in legislative maneuvering can often backfire.)
Posted by: Barry Meislin at March 23, 2005 11:15 AMBarry is right. Republicans will be better off to do this the old fashioned way. Pryor, Landreiu, Nelson (fl), Nelson(Ne), Lincoln, Salazar and several others out west will feel as much pressure as the Republicans want to put on them. I don't think Democrats can hold together on this.
Posted by: h-man at March 23, 2005 11:27 AMBarry:
That is what some people have been saying since 2001. Time to close the debate.
Would LBJ, Richard Russell, Robert Byrd, or even Bob Dole have allowed the paralysis to go on for 5+ years? No. And neither should Frist, not with 55 Senators in the GOP column. Elections mean something, and majorities mean something. After all, if the Senate doesn't work NOW, can we really blame Harry Reid?
Posted by: jim hamlen at March 23, 2005 11:29 AMI disagree with Barry about this. There is too much of a risk that the political winds could shift by 2006. If they do, and the Republicans are stuck at 55 or fewer seats, and Bush has to negotiate Supreme Court appopintments with the likes of LEahy and Shumer, a large part of the base will find fishing holes in November, 2008.
Posted by: Dan at March 23, 2005 12:46 PMEschewing the nucelar option increases the odds that Bush will name a woman and/or minority as his first court appointment, since by allowing the Democrats the right to filibuster, the administation will have to up the price, or at the very least the risk, they would have to face by actually doing it on a high-profile nominee (which would be even more the case if Rhenquist steps down after the current court term and the nomination of his replacment becomes one of the top issues of the mid-term election).
Posted by: John at March 23, 2005 1:35 PMIf the nuclear option is used, then Bush is free to nominate a woman and a minority: Janet Rodgers Brown, who is to the right of Clarence Thomas.
Posted by: Dan at March 23, 2005 1:48 PMThe Senate Democrats would have to have stones the size of boulders to filibuster Judge Brown, if the confirmation hearings are held in August or September of 2006, just prior to both the start of the court's new term and the midterm elections. Hard to see the Democratic senators up for re-election in states won by Bush going to the wall to filibuster that nomination, unless they're really anxious to begin that K Street lobbyist career in January of 2007.
Posted by: John at March 23, 2005 2:07 PMBarry: First, the general public just doesn't care about district and appellate judges. If they did, it would have been a huge issue in '04.
Second, the point isn't to use judges to get political office; the point is to use political office to get judges.
Posted by: David Cohen at March 23, 2005 2:50 PMlet's be realistic here, the senate republicans (in aggregate) have as much courage as a tit mouse. they will never do anything like change the filibuster rules.
Posted by: cjm at March 23, 2005 11:31 PM