Now that a compromise has been reached and once again Senate Republicans have proven that they have neither the backbone or gumption to stand up to a fight, let me tell you briefly about how detrimental to the Constitution the "nuclear option" would have been to the country.
In two words; not detrimental at all. The Senate has the ability to change their own rules. Furthermore the use of the filibuster is prohibited in some instances already. Omnibus legislation, such as the federal budget, are not allowed to be filibustered under current Senate rules. Do the rights of the minority mean any less when an omnibus bill has legislation included in it that they oppose? Of course not. Yet, those who oppose the ending of judicial filibuster say that the rights of the minority would be trampled if the Senate were to change the rules. This is simply hogwash.
Remember that no judicial nominee has EVER been filibustered in the history of the Senate that had Majority support. NOT ONE. Yet democrats in the Senate would like you to think otherwise. They often bring up the nomination of Abe Fortas to succeed Earl Warren as Chief Justice of the Supreme Court as an example of Republicans filibustering Democratic nominees. First, this amounts to democrats childishly pointing at republicans and saying "See, They did it too." Second, this filibuster was about a sitting Supreme being elevated to Chief Justice. Fortas lacked bipartisan and barely had majority support. A filibuster defeated his nomination, but not to the court. Fortas's nomination was filibustered because there were ethical questions that were brought out during his confirmation hearing before the judiciary committee. The reasons for the filibuster of his nomination were not rooted in partisan politics but rather real concerns about his ethics.
Janice Rogers Brown and the other nominations to the circuit court have been filibustered for years simply because their ideological view did not match those on their left who think that their anointed view is the only correct view in America.
Democrats have accused Republicans of abusing power, yet Dems themselves are the ones who are guilty of abusing power. They have consistently thwarted the will of the people, shirked their "Advise and Consent" responsibility and have acted like the party in the Oval Office when it comes to judicial nominations.
From the Point of View of a Red State American
Wednesday, May 25, 2005
The Truth about the "Nuclear Option" and Filibusters
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