Conservative judicial activists say they won’t ask their Republican allies to go to the mat over President Barack Obama’s nominee to replace Supreme Court Justice John Paul Stevens by pressing for the ultimate weapon in a court fight – a filibuster.Given how much of a radical leftist Stevens was this nomination may actually move the court a bit to the right. And frankly, why waste a nuclear battle when the court is replacing one liberal with another. Let's save that ammo for a battle in which a conservative leaves the court, which hopefully won't happen again until Obama is gone.
Instead, they say the nomination of a Democrat to the court will be an opportunity to cement the support of the tea party movement, broaden their base, and motivate supporters to turn out to support Republicans in the mid-term elections in November.
The measured strategy is a tacit acknowledgement of political reality: Conservatives would find it difficult, if not impossible, to play the filibuster card.
The reason for that dates back to the epic battles of 2005 over President George W. Bush’s nominations of Chief Justice John Roberts and Justice Samuel Alito.
At the time, members of the Senate’s Democratic minority threatened to filibuster both nominees, as they had with other Bush court nominees. The Republican majority countered by threatening to exercise the so-called “nuclear option,” using its clout to change Senate rules to ban filibusters.
Republicans do need to realize that just because they won't too vigorously oppose a liberal nominee the Democrats won't return the favor when a conservative is nominated. They'll fight it with everything they've got, including a filibuster if they think that will work. Let's not forget that Obama was part of the filibuster attempt against Justice Alito.
1 comment:
I agree...
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