December 20, 2004

IT'S EVEN A SENATE TRADITION:

Frist draws the line on filibusters (ROBERT NOVAK, December 20, 2004, Chicago SUN-TIMES)

A scenario for an unspecified day in 2005: One of President Bush's judicial nominations is brought to the Senate floor. Majority Leader Bill Frist makes a point of order that only a simple majority is needed for confirmation. The point is upheld by the presiding officer, Vice President Dick Cheney. Democratic Leader Harry Reid challenges the ruling. Frist moves to table Reid's motion, ending debate. The motion is tabled, and the Senate proceeds to confirm the judicial nominee -- all in about 10 minutes.

This is the ''nuclear option'' that creates fear and loathing among Democrats and weak knees for some Republicans, including conservative opinion leaders. Ever since Frist publicly embraced the nuclear option, he has been accused of abusing the Senate's cherished tradition of extended debate. In truth, during six years as majority leader, Democrat Robert C. Byrd four times detonated the nuclear option to rewrite Senate rules.

Thus, Frist would set no precedent, would not contradict past Republican behavior and would not strip the GOP of protection as a future Senate minority.


Be nice to invoke it first for Miguel Estrada and Janice Rogers Brown.

Posted by Orrin Judd at December 20, 2004 11:03 AM
Comments

Of course the media would make it seem like a precedent, just as they've done everything else they get hysterical about with this administration.

I'd love to see this scenario play out, but I doubt it will ever happen.

Posted by: NKR at December 20, 2004 11:42 AM

Who cares whether it is a precedent or not? The notion that a minority of Senators can keep the Senate from doing its business offends most peoples' sense of fair play. It was wrong when Strom Thurmond was reading fried chicken recipes into the Record to avoid votes on civil rights legislation and it's wrong for the Democrats to use it to block confirmations.

If the voters don't want these guys confirmed, they will make their voices heard in November 2006.

Posted by: Bart at December 20, 2004 2:05 PM

But Harry the Kleagle used it for good, and how dare the Evil Republicans™ look into the Memory Hole for precedents.

Posted by: Raoul Ortega at December 20, 2004 2:08 PM

That's Bobby the Kleagle. D'oh!

Posted by: Raoul Ortega at December 20, 2004 2:10 PM

Bart, NKR, Raoul

You three and OJ are sure feisty.. when you're in the majority. Might come a time when you're in the minority, with your back to the wall staving off a crazed President Hilary ramming a..well you get the idea. Filibuster may be the only defense.

Posted by: h-man at December 20, 2004 2:46 PM

I'd feel the same way with Pres. Hildebeest, admittedly from an Alsatian redoubt as I would emigrate in about 10 seconds after the inauguration. HL Mencken said that democracy is the system where the people get the government they want and they get it good and hard.

Raoul, just call him 'Sheets.'

Posted by: Bart at December 20, 2004 3:12 PM

h:

Your faith that the Democrats would leave it to us is touching.

Posted by: oj at December 20, 2004 3:44 PM
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