Ravenwood - 10/28/03 06:00 AM
According to Robert Novak, the GOP is going to get tough on Democrat filibusters. I'll believe it when I see it. Novak lays out three phases of GOP toughness. Phase one is to get a cloture vote on the Pickering nomination. Phase two is to order a cloture vote for the Pryor nomination. Phase three is to attempt to get a cloture vote on the three female nominees, Owen, Kuhl, and Brown.
Perhaps I'm unfamiliar with Frist's tactics, but I fail to see where this will work. As long as democrats have 41 votes to hold the filibuster, there isn't much the GOP can do. Novak claims that is when the "nuclear" option, a change of Senate rules, comes in.
Failure to reach 60 votes for cloture on each of these three women is scheduled to be followed by consideration of the bill co-sponsored by Frist and conservative Democratic Sen. Zell Miller of Georgia. That measure would reduce the number of votes needed to end filibusters on nominations. That, too, will be filibustered in order to defeat it.Not only do I think the GOP will fail, I don't even think they have the guts to try to use the "nuclear" option. (not that it seems all that nuclear.)All this refocusing is intended to set the scene for a bitter battle in next year's session of Congress. At that time, an effort may be made to rule out of order a filibuster against judicial nominations -- the "so-called" nuclear solution. This would require only 51 votes, but Frist does not even have that many today because of reluctance to tamper with the traditions of the Senate.
Even if they do have the cahones to try such a move, I don't think it is the smartest one available. Using the "nuclear" option seems to paint the GOP as the bad guys. They aren't getting what they want, so they are going to try to change the rules. I think a better option would be for the Republicans to enforce the rules they have now. Filibusters should be actual filibusters. Democrats should be forced to hold the floor for the duration of their filibuster. They should have to get up there and read the phone book, the unabridged version of War and Peace, or whatever. A filibuster used to mean marathon debates, holding the floor until one side caved in to the other's demand. All Senate business would stop until the filibuster situation was resolved.
If the GOP is really serious about getting these nominations a vote, they'll force the democrats to hold a real filibuster and not these lazy half-assed obstructionist measures they are taking right now. Let the American people watch the tomfoolery that goes on in our nation's Capitol. Perhaps then the democrats will pay the real price for their unprecedented tactics.
It seems like the simplest fix is just as you say. If they want to filibuster then do so, and put it on the news every day. This may get people's attention when they realise they are paying to have Al Franken read by Ted Kennedy.
Posted by: Michael at October 28, 2003 9:03 AM(c) Ravenwood and Associates, 1990 - 2014