The Nuclear Option, Part II
I got a fair amount of response to my previous post on this and thought I’d address some of the comments. The first is by maddmatt.
Really, when did the demÃ¢€™s attempt to remove 200 years of tradition, I must of missed that day.
Well okay maybe not 200 years of tradition, but back during the 1930’s FDR pulled his own nuclear option with his threats of packing the Supreme Court with justices friendly to his policies. Even though this option was not fully deployed it nevertheless had an effect in that the Supreme Court blinked first and irrevocably changed the nature and size of government in this country.
The next comment was by RiverRat,
You assert a reversal of position by the Republicans during the Clinton years. I have been unable to find support for your assertion with respect to filibusters. Holds, committee procedural blocks but no filibustersÃ¢€¦ever!
Fortas was bipartisan, not a minority filibuster.
Clarify please, if you can
During Clinton’s term as President the Republicans blocked many of his judicial appointees. In fact, as I have documented on my blog, the blocking of judicial appointees has been something that has been getting more and more partisan. The Republicans were being partisan and blocking nominations. Now, they are on the other side of the table complaining about nominees being blocked. There is definitely an element of hypocrisy here.
So, yes, most politicians lie and are hypocrites, but what the Republicans have done here is qualitatively different from what the Democrats did under Clinton. The debate isnÃ¢€™t really about the filibuster. ItÃ¢€™s about preventing a cynical attempt by the majority party to consolidate power.
I’m shocked! Shocked I say! Policitians cynically consolidating power to change things on the judicial landscape…perhaps for years to come. Kind of like Drum and Kleiman’s patron saint FDR who, “cynically consolidated power” by undermining the notion of checks and balances? But maybe I’m just way too cynical (I gotta tell ya, the way Kevin and Mark can convince themselves that the Democrats are the good guys makes me laugh).