Miguel Estrada Withdraws Application for Appeals Court Appointment

Fox News on the air

[HoustonCurmudgeon]

Sorry, your hypothesis is not accepted. Again, what has changed?

Nothing has changed in the rules, what has changed is that 45 dims are sticking together and using the rules to prevent a vote. Under current rules nothing can be done if 41 members stick together.

You tell me what can be done to break this rule. I tell you 24/7 will not do it agaisnt 45 members, like it will against 1 or 2.

BTW It's not an hypothesis it's a fact and you and your buddy seem unable to accept facts, at least you don't refute them you just ask stupid questions.

[snopercod]

Thanks.

[deport]

Lessons of the Estrada Defeat
Legal Theory Blog ^ | September 4, 2003 | Prof. Lawrence Solum


Posted on 09/04/2003 5:47 PM CDT by pogo101


Withdrawal: What Does Estrada's Decision Mean?

[Cboldt]

My pleasure.

BTW, I did a little research re: Fortas and "the earlier filibuster." The fact pattern is:

Fortas is nominated (by LBJ) and confirmed by the Senate. Couple years later, LBJ nominates Fortas for CJ (Chief Justice). GOP and Southern Democrats filibuster, LBJ withdraws the nomination. The basis for the filibuster was NOT Fortas' ideology, rather his honesty and integrity were called into question. FOrtas resigned from the SCOTUS a year later, in the wake of disclosures relating to accepting money, etc.

So, if you're ever confronted with a comment that the Senate used filibuster against a judge, you have the facts.

The Estrada case is different. Bush did not capitulate, and in the wake of that, the Senate failed to deliver its "up or down" advice and consent (or not), after months. Unprecedented, AFAIK.

[snopercod]

That blog was very a good analysis.

Of course the ultimate solution to what has become an imperial senate is the repeal of the 17th Amendment.

[Cboldt]

Federalism is on its deathbed. The public is not well-informed (i.e., media and politicians are superficial at best, duplicitous most of the time), and hasn't the collective ability (i.e., education) or wherewithall (i.e., inclination) to reverse the course.

Interesting times indeed.

[snopercod]

Speaking of federalism, Walter Williams (sitting in for Rush) just mentioned that Miguel Estrada was a member of the federalist society.

[Cboldt]

Aye. I am a member too. It's an excellent society, with an overarching ethic of engaging in open and honest debate (not the sound-bite crap that passes for debate).