The Finch Formerly Known As Gold

19 May 2005

Let's drop the big one

Spoons argues for the "nuclear option":

[E]ven if you view ideology as a proper basis for Senate rejection of a judge, there's a world of difference from doing so on a majority basis, and letting judges be blocked by any 41 Senators. In an evenly divided country, it'll be rare that any party will ever have 60 votes. As such, an unprincipled minority will have massive power to obstruct any judges they dislike. This is anti-Constitutional and dangerous. Presidential elections have consequences, and one of them is that Presidents will determine, within reasonable limits, who gets appointed to the judiciary. When a minority party demonstrates, however, that they wont confirm people who don't share their view of abortion, or affirmative action, federalism, and when that minority party openly tries to block rising stars who commit the sin of being both ethnic minorities and judicially conservative, then we've gone way past any reasonable restriction on Presidential power. More importantly, we've gone past any conceivable constitutional restriction on such power.

"Advise and consent" at some point actually implies consent; nowhere does the Constitution authorize "advise and obstruct."

And there should be a $1000 fine for any Senator who uses the word "mainstream": it's been bled of any conceivable meaning.

Posted at 9:23 AM to Political Science Fiction


Bunch of opportunistic cry-babies. They filibustered against Clinton's nominees, and didn't see it as "assassination" back then. The double standard is really mind-boggling.

Posted by: aldahlia at 2:37 PM on 19 May 2005

Not mine; I don't like it no matter who does it. (My hypocrises are elsewhere.)

Posted by: CGHill at 5:24 PM on 19 May 2005

Aldahlia, please provide a list of Clinton's judicial nominees who were filibustered.

Better yet, name one.

We'll wait... but we won't hold our breath.

Posted by: Spoons at 9:22 PM on 19 May 2005

Senator Allard (VA) blocked two of Clinton’s judicial nominees from receiving an up-or-down vote: James Lyons, 10th Circuit-Colorado and Patricia Coan, a District Court nominee.

Robert Bennett (UT) voted to filibuster 13 Clinton executive nominees: Walter Dellinger, Janet Napolitano, Sam W. Brown (twice), Derek Shearer, Ricki Tigert, Henry Foster (twice) and 5 State Department nominees.

Christopher Bond (MO) voted to filibuster nine Clinton executive nominees: Walter Dellinger, Sam W. Brown (twice), Derek Shearer, Henry Foster (twice), and five State Department nominees.

Sam Brownback (KS) voted to filibuster three Clinton nominees – two for judicial appointments: Marsha Berzon and Richard Paez Also voted to filibuster executive nominee David Satcher.

Jim Bunning (KY) voted to filibuster two Clinton judicial nominees: Marsha Berzon and Richard Paez.

Conrad Burns (MT) voted to filibuster 10 Clinton executive nominees: Walter Dellinger, Sam W. Brown (twice), Derek Shearer, Henry Foster (twice), David Satcher, and 5 State Department nominees.

Thad Cochran (MS) voted to filibuster 11 Clinton executive nominees: Walter Dellinger, Janet Napolitano, Sam W. Brown (twice), Derek Shearer, Ricki Tigert, Henry Foster (twice), and 5 State Dept nominees en bloc.

Larry Craig (ID) voted to filibuster 13 Clinton nominees (executive and judicial): Walter Dellinger, Janet Napolitano, Sam W. Brown (twice), Derek Shearer, Ricki Tigert, Henry Foster (twice), Marsha Berzon, Richard Paez and five State Department nominees.

Pete Domenici (NM) voted to filibuster 10 Clinton executive nominees: Walter Dellinger, Sam W. Brown (twice), Derek Shearer, Ricki Tigert, Henry Foster (twice), and five State Department nominees.

Chuck Grassley (IA) blocked the nomination of Clinton nominee, J. Rich Leonard to the 4th Cir. – NC. Leonard never received an up-or-down vote.

Orrin Hatch (UT): “…the confirmation process is not a numbers game, and I will not compromise the Senate's advice and consent function simply because the White House has sent us nominees that are either not qualified or controversial. There are a range of factors which make a nominee controversial or difficult to confirm, such as lack of experience or questionable information contained in materials not in the public domain or in their past records that may be at variance with the proper role of judges in society.” [144 Cong Rec S 12962, Oct. 21, 1998]

He blocked the nomination of Clinton nominee, Helene White to the 6th Circuit-Michigan

He blocked the nomination of Clinton nominee, J. Rich Leonard to the 4th Cir. - NC,

He blocked the nomination of Clinton nominee, Ricardo Morado, to the SDTX


It goes on like that--we're only to the H's in the alphabetical list. But, I wouldn't want you to run out of air.

Posted by: aldahlia at 11:21 AM on 20 May 2005

"Voted to filibuster" isn't the same as "filibustered."

Posted by: McGehee at 11:46 AM on 21 May 2005

Neither is "blocked the nomination."

Posted by: McGehee at 11:47 AM on 21 May 2005