Posted on 05/24/2005 9:00:37 AM PDT by Congressman Billybob
Yesterday the Senate reached a Compromise on confirmation hearings on certain judicial nominees. But “compromise” normally means an agreement between opposing parties where both make concessions and commit to keeping the bargain. By that standard, this is no compromise. It is, as Shakespeare wrote in Macbeth, “a tale told by an idiot, full of sound and fury, signifying nothing.”
Allow me to prove the point.
The 14 signing Senators committed to vote to close debate on the nominations of Priscilla Owen, Janice Brown, and William Pryor for various Circuit Courts. They made no commitment on nominees William Myers and Henry Saad. Regarding other nominees for federal courts these Senators said, “Nominees should only be filibustered under extraordinary circumstances...”
In return for this promise, these Senators pledged “to oppose the rules changes in the 109th Congress” (in Rule XXII, the cloture rule).
Extraordinary circumstances will be defined by each Senator. Consider that Ted Kennedy and other rabid Democrats believe it is “extraordinary” any time a Republican (temporarily occupying the White House) makes any nomination.
If, not when, the Democrats filibuster an “ordinary” nominee, all bets are off. We are looking at two schoolchildren in a playground who’ve just reached a deal. Both have one hand behind their backs, fingers crossed.
Lastly, the Compromise demands certain actions of the President, who didn't sign the deal. It reaches the length of Pennsylvania and insists the President “consult” with the Senate before making any future nominations. No President from George Washington to Bill Clinton has routinely done this.
The MSM is hailing this Compromise as a “victory for the centrists in the Senate.” The press has the right number of syllables, but the wrong word. This is a victory for the cowards in the Senate. These Senators signed: Republicans John McCain, John Warner, Susan Collins, Olympia Snowe, Mike DeWine, Lindsey Graham and John Chafee; plus Democrats Robert Byrd, Ben Nelson, Mary Landrieu, Daniel Inouye, Ken Salazar, Mark Pryor and Joe Lieberman.
The Democrats are afraid to stick up for “the traditions of the Senate,” as Harry Reid has dishonestly portrayed it. The most fearful is Ben Nelson. He’s from Florida, which went strongly Republican in 2004. He’s running for reelection in 2006.
But the Republicans are also cowards. Collins, Snow and Chafee are doing their imitation of stray grapes in fresh fruit aisle at the Piggly Wiggly. They are squishy. The saddest entry is Lindsey Graham. He was a man of principle in the House, and when elected to the Senate. But like Joe Lieberman, when push came to shove, he found the political path too steep to climb if burdened with principles.
While we’re on that subject, consider Robert Byrd on his ancient feet, incessantly repeating himself like the elderly brothers in Barry Levinson’s Avalon. Byrd claims to defend “the institution of the Senate.” Why didn't any Senator rise and ask this question: “Is the Senator so senile that he has forgotten when he was Majority Leader and used a majority vote four times to change the procedures of the Senate?” Of course, in the decorous world of the Senate, it would have been phrased more politely
Because of the holes in its logic and terms, this Compromise is no agreement at all. It will fall apart shortly after the three judicial nominees have been confirmed. When Chief Justice Rehnquist resigns in a month and President Bush nominates Antonin Scalia to replace him, all Hell will break loose.
The orgy of mutual self-congratulation on the Senate floor Monday night was like the similar orgy six years ago when Congress declared the federal budget was balanced. The appearance of balance was manufactured by snapping up every penny of the Social Security surplus. The mutual agreement of Republicans and Democrats that they have jointly achieved some magnificent goal was worthless in the face of facts to the contrary.
Far from affirming the Senate as an institution, this Compromise has covered it in shame. The Senate has truly “stepped back from the precipice” – of making a decision. Instead it has substituted a fog of words for a difficult but important decision. The Gunfight at Not-OK Corral is still coming to a theater near you. Just you wait.
The Senate has solved nothing. And the Constitution (remember that, it was in all the papers) has been trashed again.
The Senate has only kicked the can down the road, to confront the same problem under worse circumstances in a month. If that doesn't meet Shakespeare’s definition of idiocy, what does?
About the Author: John Armor is a First Amendment attorney and author who lives in the Blue Ridge Mountains of North Carolina. John_Armor@aya.yale.edu
Ben Nelson is from Nebraska, not Florida.
The Republicans brought knives to a gunfight. Wussies.
I'm viewing this as a rout.
Thanks Billybob...I need more time to mull this over...off to work.
You named the wrong stinking rino traitor from Rogue's Island.
The thieving lying traitor John Chafee is thankfully dead.
It's his weaselly lying thieving traitor son, Stinkin Lincoln Chafee of Virginia who betrayed us THIS time.
well done. cogent.
Very good article. Ben Nelson is from Nebraska and Bill Nelson is from Florida; however, they both have the same problem. I understand Nelson and Hagel are in trouble, and that's why Hagel backed away from the "McCainiacs".
They came. They saw. They wimped.
They're posturing for the upcoming Supreme Court battle royale, and in that sense, they marginally improved their position. The Dems, and their media lackeys, are going to have a tougher sell for obstruction because of that "extraordinary circumstances" tomfoolery. (How can somebody previously confirmed by the Senate suddenly become an "extraordinary circumstance"?)
It's not just a legislative battle. It's a political battle and it's a PR battle.
The shooting still hasn't really started. When it does, it's going to be fun to watch.
Knives? How about marshmallows? If they brought knives, they would have hurt themselves. Oh, wait, they did hurt themselves.
Nevermind
I too hope that you are right on this issue. I have no doubt that the Democrats will renege on this agreement at the very first opportunity.
It is dissappointing, but not the end of the world. Stay the course.
Pelican Five
You're assuming that all three get confirmed. There is no way that even the "moderate" RATs would have agreed if the RINOs didn't agree to deep-six at least one of the 3 (most likely Pryor) on the floor.
Bill... Ben... What's the differnce?... LOL!
All three will be confirmed. Bank on it.
Chafee and his family live in Virginia and have nothing to do with Rhode Island but selling us out to the commies.
He may be Senator of Rhode Island but that is where the relationship ends. I'm not aware of his having come to RI since he was elected.
That really shows how useless and stupid the overwhelming majority of RHode Islanders are.
I want to be a Republican.
I hope they make it possible again.
While I would have liked to see more than 3 of the blocked judges get through, I can understand why the deal was made and I believe it is more of a win for us than the Dems. First off, it is still unclear whether Frist had the votes to win under the nuclear option. I've read that Specter is saying he would have supported it, but I'm pretty sure McCain, Chaffee, Collins, and Snowe were all against it. Other than DeWine, who said he favors the nuclear option if the Dems break the agreement, I've not seen any inclination one way or the other from the other GOP senators involved in this deal. Given the uncertain outcome of such a vote, they cut the deal so that we wouldn't be left with nothing, which is what very well might have happened if the nuclear vote had failed. In terms of the actual judges that will be allowed to get through, this IS a positive development. The Dems cannot be happy that Brown, Owen, and Pryor will now all be on the bench. Plus, the balance of power will shift in the Sixth Circuit with McKeague, Griffin, and Neilson being guaranteed up-or-down votes. Of course, I'd rather see all the nominees get through, but getting these six is significant and it does make this a win for us. The Dems goal this entire time has been to keep as many of Bush's nominees out of the federal appeals courts as possible and they have failed. Reid couldn't keep their coalition together any better than Frist could and their supposed solidarity is now broken. All in all, it's not what I had hoped for, but at least it's has some benefits for our side. You can't say the same for the Dems.
| Next Election | Name | State |
| 2006 | Snowe | ME |
| 2006 | Chafee | RI |
| 2006 | DeWine | OH |
| 2008 | Graham | SC |
| 2008 | Warner | VA |
| 2008 | Collins | ME |
| 2010 | McCain | AZ |
BTW,from todays Washington Times, all we will ever need to know about John McCain:
'Moments earlier as the deal was about to be announced, several Republicans offered the lectern to Mr.Byrd, who demurred, waiting instead for "his turn".
"Your turn is whenever you want it to be", said Mr. McCain, a chief architect of the deal who had to leave the press conference before it ended to make an early screening of a movie about himself.'
McCain is from Venus.
Apparently you didn't hear Lindsey Graham (RINO-NC) this morning. He said he expects at least one of the judges that are being granted a floor vote to be defeated on the floor.
At least I didn't say East Carolina :-)
I still bet that all three will be confirmed and I'll stand by it.
I hope they make it possible again.
From Boortz, to Rush, to the Free Republic threads, Republicans are e-mailing and posting the same sentiments. This may create a viable third party in '08. Who knew that Bush could round up the most votes ever by a presidential candidate and create such solidarity in the party only to have these limp-wristed Senators fail us?
Was he referring to Henry Saad, who was not specifically guaranteed or denied a vote? I'd be beyond shocked if Pryor, Owen, or Brown is defeated in an up-or-down vote. Saad supposedly has something nasty in his FBI file and might be the target. Sounds like the GOP dealmakers are throwing a bone to the liberal activists on behalf of their Democratic counterparts.
Saad was widely believed to be one of those denied a floor vote. IIRC, Graham's comments applied to those that would not continue to be fillibustered.
Apparently Reid did say something to that effect, although it is apparently a violation of Senate rules (and law?) for him to have seen OR commented like that on the file.
But he knows there will be no consequences.
Joe McCarthy had nothing on these guys.
On many issues, I think there is restiveness in the Republican ranks. I fear a party split that would only help the Democrats 9think 1992), but then again the Republican party didn't win immediately when it was founded (1854, I believe?) but stuck to its guns.
Holding to one's principles usually wins out over trying to please everyone. And it allows one to sleep better at night anyway.
I hope you are right - and we prevail!
I hope you are right!
Thanks for posting. I will remember!
Either we meat out these moderates or form a third party of TRUE conservatism. They cannot be allowed to stymie the conservative agenda.
Arlen Specter actions prove his support of the Constitutional Option.
We can only hope it works out.
And contact the Senators!
:)
Congressman Billybob,
What do you think about the fact that Sen Graham and Sen DeWine are ON THE JUDICIARY COMMITTEE?
....The saddest entry is Lindsey Graham. He was a man of principle in the House.....
Actually he vassilated for weeks on the impeachment. As I recall he thought one way one day and differently on another. I recall a massive FReeper letter writing campaign to try to make him see the light. Freepers like to talk about spineless..... Grahm is the very definition.
Thanks for your analysis.
I expect the Byrd/Constitutional Option to come up again, when the Democrats vilify and lie about another nominee down the road, like they did to Priscilla Owen and Janice Brown. ALL Senators, but especially these two, require additional pressure from the home folks to cast EVERY vote, including the Option, in favor of judges who believe in following the law.
Congressman Billybob
All three will be confirmed and will receive some Dem votes.
I would like to believe that, but the fact that the DemonRAT powers that be in the Senate voted for cloture signals that the fix is in to deep-six the nominees on the floor.
The fix is in to deep six 7 out of the 10 nominated. I strongly believe the three who get the up or down vote will be approved and will receive more than 51 votes. I listened to Graham speak this morning and he is voting for all three. Who do you think among the "gang of seven" GOP senators will vote against Owen, Brown, and Pryor?
They are sell outs & this is a power grab. They determine that the way to cool down the tone in DC is by undercutting everyone who is even slightly to the right of the MSM. They think things are still the same as the time of Nixon, when the left dominated both parties. They imagine themselves as leaders & are trying to drag their party back to the left. They fail to understand that if the country leaned as far left as they are, the Dems would still be in power.
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