HOWARD DEAN VS THE DEMOCRATS:

Filibuster Showdown Looms In Senate: Democrats Prepare For Next Court Pick (Dan Balz and Amy Goldstein, 9/28/05, Washington Post)

Democrats have splintered almost evenly over Roberts's nomination as chief justice, leading to frustration among party activists who think their elected leaders did not put up a serious fight against him. Pollsters have told party leaders that a show of opposition against Bush's next nominee could be crucial to restoring enthusiasm among the rank and file on the left.

In an interview, Dean said Democratic unity is essential in the upcoming battle and that the party "absolutely" should be prepared to filibuster -- holding unlimited debate and preventing an up-or-down vote -- Bush's next high court nominee, if he taps someone they find unacceptably ideological. He cited appellate court judges Priscilla R. Owen and Janice Rogers Brown as two who would be likely to trigger such opposition.

"Those people are clearly not qualified to sit on the Supreme Court, and we're going to do everything we can to make sure they don't," he said. "If we lose, better to go down fighting and standing for what we believe in, because we will not win an election if the public doesn't think we'll stand up for what we believe in."

The possibility of a filibuster comes only a few months after an agreement that supposedly eliminated such threats. The Gang of 14 agreement barred filibusters against judicial nominees except under "extraordinary circumstances." The compromise also blocked Republican threats to change Senate rules to bar the use of filibusters to block judicial nominations, a step considered so drastic it became known as the "nuclear option."

Owen and Brown were cleared for confirmation to the appellate courts as part of that agreement, and Republicans said then that Democratic acquiescence in their confirmation meant the opposition party could not use ideology to bar future Bush nominees.

The Administration must be mighty tempted to use this nomination to further tear apart the Democrats.

Posted by Orrin Judd at September 28, 2005 11:47 AM