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Nuclear Fallout
National Review ^ | 11-21-2013 | The Editors

Posted on 11/21/2013 5:24:07 PM PST by smoothsailing

November 21, 2013

Nuclear Fallout

The Editors

What is the filibuster? It is “a time-honored Senate procedure that prevents a bare majority of senators from running roughshod,” according to our friends on the New York Times editorial page. But that was in 2005, when Republicans frustrated over Democratic filibusters of President George W. Bush’s judicial nominations were (with National Review’s support) considering the so-called nuclear option, the overblown name of which suggests that it is rather more than a change in the Senate’s procedural rules. The Times denounced the Republicans’ “rank hypocrisy” in 2005, as did any number of Democrats. Having reversed themselves at the dictates of convenience, they show themselves to be hypocrites on the matter at hand and also on the subject of hypocrisy — call it hypocrisy squared.

The Democrats here are helping themselves to ill-gotten gains. Using the filibuster and other stalling techniques, they kept judicial vacancies open by closing them to Bush nominees. Miguel Estrada was kept off of the D.C. Court of Appeals by a filibuster; Democrats refused to process John Roberts’s nomination to the same court (to succeed James Buckley, the gentleman previously known in these pages as the sainted junior senator from New York). Later, when Roberts was named to the Supreme Court, Democrats blocked George W. Bush’s nominee for his replacement, Peter D. Keisler. Roberts’s earlier nomination advanced only after Republicans took control of the Senate, something that Harry Reid in his hubris seems to think will never happen again.

The filibuster is not sacred writ, and we are on record supporting procedural changes to overcome partisan obstruction. The more serious concern here is that the Democrats are attempting to pack the courts, especially the D.C. Circuit court, with a rogue’s gallery of far-left nominees. That is worrisome in and of itself, but there is a deeper agenda: Much of what President Obama has done in office is of questionable legality and constitutionality. The president no doubt has in mind the sage advice of Roy Cohn: “Don’t tell me what the law is. Tell me who the judge is.” He is attempting to insulate his agenda from legal challenge by installing friendly activists throughout the federal judiciary. That is precisely what he means when he boasts, “We are remaking the courts.” Republicans are in fact obstructing those appointments; unlike the nomination of John Roberts et al., these appointments deserve to be obstructed.

The filibuster is a minor issue; the major issue is that President Obama is engaged in a court-packing scheme to protect his dubious agenda, and Harry Reid’s Senate is conspiring with him to do so. The voters missed their chance to forestall these shenanigans in 2012. They made the wrong decision then, and have a chance to make partial amends in 2014, when they will be deciding not only what sort of Senate they wish to have, but what sort of courts, and what sort of country.


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government; Politics/Elections
KEYWORDS: endofsenate; federaljudges; harryreid; nuclearoption

1 posted on 11/21/2013 5:24:07 PM PST by smoothsailing
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To: smoothsailing

This and the zerocare implementation/meltdown. Gawd, 2014 is going to be very, very ugly. I’m not kidding one iota.


2 posted on 11/21/2013 5:26:38 PM PST by cuban leaf
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To: smoothsailing

If the Senate swings Republican next year, this could really backfire on Dingy Harry.


3 posted on 11/21/2013 5:27:17 PM PST by colorado tanker
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To: smoothsailing

I doubt it could be put in better terms than hypocrisy squared.

It’ll be a great day if Repubs take the Senate back next year because it could just be the start of payback for 0bummer and his leftists in the Senate.


4 posted on 11/21/2013 5:31:42 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: colorado tanker
If the Senate swings Republican next year, this could really backfire on Dingy Harry.

You're dreaming.

If the GOP takes the Senate next year, the Democrats and MSM will instantly pivot 180 degrees. The lame-duck session will re-instate the filibuster rules and reset the clock back to the pre-Nuclear Option state.

If the Republicans object, they will be vilified as hypocrites, and worse.

For the next few years, you will see the filibuster taken away whenever the Democrats control the senate, and re-instated whenever the Republicans control it.

This cycle will end when the Democrats take over permanently, which will happen as soon as they succeed in their plan to effect "fundamental change" by means of demographics.

5 posted on 11/21/2013 5:37:06 PM PST by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
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To: jazusamo

The Democrats have swung that pendulum so far to the left it’s going to swing back to the right with a vengeance once it starts gaining momentum.

Here’s hoping Barry, Harry, and all the rats get caught in the whiplash.


6 posted on 11/21/2013 5:42:04 PM PST by smoothsailing
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To: cuban leaf

2014 is going to be very, very ugly.

Ugly? The rats will pull all the stops.
We haven’t seen ugly yet.
Socialists are not magnanimous in victory
cause that is the time to finally deal a
death blow to their opposition.

We have no idea. Well, a few have, those who study
history understand what we will face.
Churchill said there may be a time when it was better
to die than kneel as slaves. All of us may find out.


7 posted on 11/21/2013 5:46:18 PM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: smoothsailing

Hopefully they do.

We haven’t seen nuthin’ yet as far as their excuses and crying over 0care if we take the Senate and the consequences they’ll suffer.


8 posted on 11/21/2013 6:05:54 PM PST by jazusamo ([Obama] A Truly Great Phony -- Thomas Sowell http://www.freerepublic.com/focus/news/3058949/posts)
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To: colorado tanker
If the Senate swings Republican next year, this could really backfire on Dingy Harry.

Let's make that happen.

Jesus Christ: You can’t impeach Him and He ain’t going to resign.



9 posted on 11/21/2013 6:44:29 PM PST by rdb3 (What the scratch-and-sniff was that?!?)
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To: smoothsailing
in 2014, when they (voters) will be deciding not only what sort of Senate they wish to have, but what sort of courts, and what sort of country.

My tagline applies here.

10 posted on 11/21/2013 6:49:29 PM PST by Hardastarboard (The question of our age is whether the majority of Americans can and will vote us all into slavery.)
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To: smoothsailing

where is the pic of Valerie Jarrett saying something like ‘we have judges ready to go....”


11 posted on 11/21/2013 8:23:28 PM PST by digger48
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To: tet68

2014 is going to be very, very ugly.

Ugly? The rats will pull all the stops.
We haven’t seen ugly yet.
Socialists are not magnanimous in victory
cause that is the time to finally deal a
death blow to their opposition.

We have no idea. Well, a few have, those who study
history understand what we will face.
Churchill said there may be a time when it was better
to die than kneel as slaves. All of us may find out.


Exatly. We’re on the same page. They will be an injured bear. The good news is that they will spend a lot of time eating their own. It’s what they do.


12 posted on 11/22/2013 4:38:25 AM PST by cuban leaf
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To: smoothsailing
Upping Reid's ante: Most of these judicial positions are the creations of Congress. Once holding both Houses and the WH and with filibusters still turned off could not we pass legislation abolishing the jobs of these life-time appointees, thus sparing the need for multiple impeachment trials and supra-majorities. Followed by, where appropriate, creating new judicial positions for us to fill. Plenty of EPA judges, etc. could be left as abolished. Full fledged federal judicial purging reform could be good for the country. Plenty of other places where the left needs to be disempowered as well. They're disinsuring the lot of us. It's about time we start dissing them back.
13 posted on 11/22/2013 5:40:37 AM PST by JohnBovenmyer (Obama been Liberal. Hope Change!)
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To: JohnBovenmyer

I like your thinking. Lord knows it needs doing.


14 posted on 11/22/2013 6:42:21 AM PST by smoothsailing
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