Score Democrats 16, Republicans 13, Or Not? (crisis over filibuster)

[Quixote1818]

We've Saved the Republic!
Fourteen senators have averted a crisis over the filibuster. But who won? In a society consumed by winning and losing, we have to know. Who won?

The Republicans ensured the confirmation of three Bush nominees whom the Democrats have repeatedly described as outside the "mainstream." Score three for the Republicans.

The Democrats promised not to filibuster any Bush judicial nominee in the absence of "extraordinary" circumstances. But the filibuster should in any event be used only in extraordinary circumstances. So, score three for the Democrats -- they gave up nothing they would have insisted upon anyway.

The Republicans promised not to vote for the "nuclear option" for the remainder of this Congress, or until January 2007. Score ten for the Democrats.

But who gets to define "extraordinary"? Would a Democratic filibuster of the four pending (I would say "outstanding" but that would be wrong) "outside the mainstream" Bush nominees be acceptable under the May 23 agreement? Or would the Republicans consider this a breach of contract? My guess is that the Democrats would have a very hard time filibustering these four nominees without opening themselves up to the charge (fair or not) that they were violating the agreement. Even if the seven Republicans who signed the agreement were to define those nominees as "extraordinary," other Republicans would surely skewer the Democrats if they attempted to block these nominees with a filibuster. Score four for the Republicans.

What if Bush continues to nominate "out of the mainstream" judicial candidates? The Democrats have put themselves in a position in which any use of the filibuster against a lower court nominee will be attacked as a breach of the May 23 agreement. Faced with such accusations, the Democrats will be more passive than they have been. Score six for the Republicans.

Finally, we come to the big enchilada. What happens if Chief Justice Rehnquist resigns in June, at the end of this Term? Clearly, Bush will nominate Antonin Scalia for the position of Chief Justice. This will dare the Democrats to filibuster. But they won't. As much as Scalia infuriates them, the Democrats will understand that this isn't the appointment that matters. What really matters is who fills the vacancy on the Court. A filibuster of Scalia would waste the Democrats' firepower. If they were foolisn enough to take that bait, they would then be unable to filibuster Bush's next nominee -- in part because the Republicans would surely invoke the "nuclear option" after the Democrats had already taken one bite at the apple.

continuted at

http://www.huffingtonpost.com/theblog/archive/geoffrey-r-stone/weve-saved-the-republic_1488.html

[Frances]

1. Thoughtful article

Thanks for the link

[Commie Pinko Dirtbag]

2. I'd think they'll kill the deal at ANY attempt at filibustering.

After all, there's no such thing as a "too much right wing" person to these whackos.

Of course, that can be publicized as "cheating" by the Dems, if they're smart.

[in_cog_ni_to]

3. and maybe that gives them the "reason" to close down the Senate?

:shrug: Who knows what's going through their minds. Now I know why I never received a response to my "no Compromise" emails to Durbin and Obama. I'm starting to figure them out. When they aren't going to do what I email them about doing, they don't respond. When they do agree, I get an email.

[GOTV]

4. It won't go that way...

... the end game won't be fought over a single nomination.

The GOP will bait the Dems with even worse nominees - daring the dems to go after them.

If the dems do go after them, it will be the number of necessary dem filibusters that will bring the public to the GOP side on the issue since the public is not qualified to understand why an individual nominee is not acceptable. After forcing the dems into several filibusters the GOP can easily break the deal.

That's a GOP win.

If the dems do not go after them, the GOP gets judges they never dreamed they could force upon the public.

That's a GOP win.

It seems that the conservatives understand that this game is not over and they continue to fight while half of our team has headed to the locker room to pour champagne on themselves.

[CanOfWhoopAss]

5. or NOT!

Repugs don't stop with a few wins they have to continue to feed the beast. Repukes have a voracious appetite and it is never satisfied. Total F*ck up by the Dems.

Repukes don't reason. They do whatever it takes to get whatever they want, how and when they want it. The only hope now is that they totally f*ck themselves with their abuse of power.

[Tierra_y_Libertad]

6. Politicians 29. Justice 0. The people 0.

That's the score we got, and that's the one that counts.

We get screwed while the powerful play political games with our lives.