Senate shutdown coming over judicial confirmations?
posted at 7:00 pm on April 3, 2008 by Ed Morrissey
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The slow pace of judicial confirmations may become a big issue in the next few weeks. Senate Minority Leader Mitch McConnell and ranking Judiciary Committee member Arlen Specter both have raised the possibility of halting all Senate business unless Harry Reid commits to meeting the number of Clinton appointees confirmed in the last two years of his second term:
Senate Minority Leader Mitch McConnell (R-Ky.) said Thursday he has not ruled out the option of shutting down the chamber to put fresh pressure on Democrats to confirm President Bush’s stalled judicial nominees. …
His statement came after Republicans brought a Judiciary Committee meeting to a near-standstill to vent their frustrations with what they said was Democratic foot-dragging to confirm 10 pending nominees to federal appeals courts. They complained that there have been no committee hearings on nominees since last September, and say that at least nine more nominees need to be confirmed by the end of Bush’s term in order to match the 15 judges the Republican-controlled Senate approved in the final two years of the Clinton administration.
Sen. Arlen Specter (Pa.), the ranking Republican on the Judiciary Committee, told reporters last month that one of the options to force Democratic action is “shutting down the Senate.” He reiterated that threat this week in an interview with the Wall Street Journal editorial board.
In an interview with The Hill on Thursday, Specter said it was “a possibility” that the GOP would object to motions that allow routine business to proceed on the floor, a move that would stifle Senate action and effectively bring the chamber to a halt.
Democrats argue that they have approved judges at a higher rate in 2007 than the GOP did when they held the majority. However, Democrats fail to mention their obstructionism during that period kept the Senate from getting votes on nominees that had passed the Judiciary Committee. Patrick Leahy and other Democrats accuse the administration of nominating “far right” judges that they know will provoke a fight — a similar charge heard in 2004-2007 while Democrats filibustered.
It sets a bad precedent, and one the Democrats may live to regret. If Barack Obama wins the presidency, every nomination will get microscopic scrutiny and passionate opposition. Having destroyed the precedent of the prerogative of presidents to nominate qualified jurists to the federal bench, the Democrats will find that scrutiny very difficult with someone as left-wing as Obama picking the candidates. And they will have no one but themselves to blame for it.
A fight over judicial nominations probably helps John McCain. It just reminds people that the presidential election has relevance to the direction of the federal judiciary. If people worry about activist courts, a floor fight in the Senate will generate more enthusiasm from the GOP base for a candidate who has not exactly been embraced by that faction until now. Democrats might do better to quietly get through the backlog of nominations rather than give Republicans a chance to fire up conservatives for McCain without forcing him to tack to the right to generate that kind of enthusiasm.
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Ole’ Arlan grew a set?
Onager on April 3, 2008 at 7:02 PM
Wrong. Did you not hear that there is a double standard in DC. The DEMs get away with that, but the Republicans always allow themselves to get run over. The Rep. will offer courtesies that they were just denied.
tommylotto on April 3, 2008 at 7:07 PM
Please, NO!
richardcamera on April 3, 2008 at 7:08 PM
I think this is highly unlikely. The Republicans tend to put forth the posture of “If we show them respect, they will show us respect.” Problem is, that doesn’t happen. The other problem is that Republicans tend not to learn from this.
Couple this with the fact that it is much harder to torpedo liberal activist judicial nominees than it is conservative constructionists for the simple reason that the liberal activist judges will commit to things that the American People (because they have no clue) happen to agree with. Take the right to privacy, for instance. Any liberal nominee will affirm that principle, and your average American will have no problem with them. But when Judge Bork took issue with it, he got, well, Borked.
Or again, take the issue of whether the Constitution is a “living, breathing, evolving” document. A liberal apointee is sure to affirm this view, and your average American will think this to actually be Constitutional Orthodoxy.
medguy on April 3, 2008 at 7:09 PM
Naturally. Everything does.
Weight of Glory on April 3, 2008 at 7:10 PM
Spector goes with the wind, and he ain’t a true Republican. Wait and see.
AMartinez on April 3, 2008 at 7:10 PM
And with the racial component in play with the first black President, most in the GOP in D.C. will “white guilt” themselves into the shadows.
Weight of Glory on April 3, 2008 at 7:13 PM
A fight over judicial nominations probably helps John McCain. It just reminds people that the presidential election has relevance to the direction of the federal judiciary. If people worry about activist courts, a floor fight in the Senate will generate more enthusiasm from the GOP base for a candidate who has not exactly been embraced by that faction until now.
I’m sorry, are we talking about the same John McCain who was the proud leader of the Gang of 14 and opposed the conservative Judges? The same John McCain who said he wouldn’t nominate another Alito who wore his conservativism on his sleeve? How exactly is this topic, of the Senate and the Gang of 14 still playing games with nominations going to help McCain?
Friends, I’m not voting for McCain. I refuse to be even remotely responsible for this disaster of an election. There isn’t a dimes worth of difference between McCain and the Democrats.
Snake307 on April 3, 2008 at 7:15 PM
You really think our Stupid Party lackeys in DC would do that? Really?
doubleplusundead on April 3, 2008 at 7:15 PM
Are they going to shut down their bloated paychecks?
RedWinged Blackbird on April 3, 2008 at 7:16 PM
Crap. If Specter does something right, he’s obliged to screw us again soon.
JiangxiDad on April 3, 2008 at 7:16 PM
Paper female tigers. The Republicans won’t do a damned thing. They have no teeth and no balls.
Wade on April 3, 2008 at 7:17 PM
I’m not sure you understand how much McCain is not trustworthy, especially from Conservatives such as myself.
I never liked his liberal policies.
I never liked his arrogance.
I never liked his attack on Christianism.
I never liked his John Kerry style of “when I was in Vietnam.”
I never liked his treason.
So why should I vote for him or any of his likes?
He will never convince me otherwise.
You can never convince me on election year.
Where were you before that?
Indy Conservative on April 3, 2008 at 7:21 PM
The Republican Party is doomed. There is no Republican Party. It’s gone.
You have only one Party in America: The Democratic Party and its lighter liberal version, the Republican Group.
Indy Conservative on April 3, 2008 at 7:22 PM
6 years late…
SouthernGent on April 3, 2008 at 7:26 PM
Good one Indy! As a life long Republican since 1976 this is the first time I’ve also thought about not voting in the presidential election Hell what choice do we have as conservatives. We’re in a no win situation!
AMartinez on April 3, 2008 at 7:26 PM
Very true. In fact with the candidates’ dissatisfaction levels being very high with large portions of their base, I would imagine that both the Dems. and the Reps. in the House and Senate would want to be very very quiet until November, so as not to tip the scales; or rock the boat, don’t rock the boat baby.
Weight of Glory on April 3, 2008 at 7:28 PM
Uh oh- looks like Ed broke the blog again. At least on my POS work computer; the stories are all in one column.
Hollowpoint on April 3, 2008 at 7:29 PM
And we wonder where the fundraising has gone…
leftnomore on April 3, 2008 at 7:32 PM
Arlen Specter is a Republican…Who knew??? He probably is tryin to make good after threatening hearings over Spygate the Friday before the Superbowl. Nice timing for that one…Jocksniffing grandstanding at its finest…He needs to be horsewhipped and run out of town on a rail. Absolutely worthless sack of $hit. Couldn’t find his A$$ with both hands…
Nozzle on April 3, 2008 at 7:37 PM
Minor problem. Just need to reduce the graphic for this entry to something less than 267 wide.
News2Use on April 3, 2008 at 7:39 PM
Bringing the Senate to a grinding halt would be a plus. Specter is full of surprises.
Zorro on April 3, 2008 at 8:06 PM
Oh well, this is great. On the eve of Earth Day, Ira Einhorn’s mouthpiece is the key to moving judicial nominations forward.
WTF more could anyone want?
Rico on April 3, 2008 at 8:48 PM
They have been on a halt except for investigations. Where is the action on Social Security, Oil Production and Refineries, Immigration, Education, Health Care, Raising food costs because we are burning our food supply instead of gas, Ear mark spending, making the tax cuts permanent, Housing and Mortgages.
Our wonderful leaders pander and pass out money we don’t have to people who don’t pay taxes to get votes so they can sit on their ass and continue to do nothing and bitch about Bush. They all disgusting. All.
Wade on April 3, 2008 at 9:02 PM
For whining pseudo-Republicans who can’t tell the difference between red and blue there’s always the Nationalist Party.
Pax americana on April 3, 2008 at 9:19 PM
Ed, I don’t appreciate that unflattering pic of Lindsey.
THE CHOSEN ONE on April 3, 2008 at 10:19 PM
I’m just wondering, how does the Gang of 14 farce play into this picture? I wonder if we would have used the nuclear option instead, would we be facing this issue? Hmmmm….We may even have held the Senate by exposing those who have been obstructing and filibustering???? Maybe someone more leaned on this could explain?
elraphbo on April 3, 2008 at 10:19 PM
Arlen Spector with balls?
It’s got to be a joke.
drjohn on April 3, 2008 at 10:20 PM
I beg to differ, Ed, but the Republicans in Congress are a bunch of spineless pansies. Especially the Senate!
Troy Rasmussen on April 3, 2008 at 10:33 PM
I bet the surrendercrats string him along enough to keep action going, then run out the clock without confirming many…if any.
They too will need an issue to unify their nutballs due to their in-fighting, so I bet they continue to obstruct.
91Veteran on April 3, 2008 at 10:57 PM
Leahy is a loathesome, treacherous worm. Cheney had the right words for him and to him. He is one of the most dangerous men in America right up there with Shifty Schumer.
wepeople on April 3, 2008 at 10:59 PM
Wait, wait, wait… the Senate ISN’T already shut down?!?
Mr Michael on April 3, 2008 at 11:12 PM
Too many right-winger do not seem to understand the word “conservative” or have conservative values. The Gang of 14 represented the sensible conservatism of requiring a 60% supermajority consensus before most actions by the Senate. If you want less government and I certainly want less government, then you want the filibuster.
Before going any further, I wish to say that the word “stupid” should hardly ever be used, but there are some times when it is appropriate. Here it is appropriate. The right-wing strategy is a heinously, stupid long run strategy for the right wing’s own interest. If the right-wing Republicans would have eliminated the filibuster, because if judicial appointees are a reason to get rid of the filibuster, then so is voting rights for the disenfranchised residents of DC, so is gun control so we can stop the killing, and so is every f****** leftist agenda item once they get their 51 senators.
I appeal to anyone objecting to the Gang of 14 to think for fifteen seconds.
thuja on April 3, 2008 at 11:19 PM
I have thought about it for more than fifteen seconds. I’ve thought about it for years. Here’s the problem. We have too many career politicians who go to Washington, and become no better, and no worse, than any other. McCain is a perfect example. The Maverick has been there so long, that he forgets where he comes from. He’s as Conservative as he has to be to win re-election in Arizona, and as liberal as he can get away with.
He’s no conservative. Most of those in Washington aren’t conservative. They vote on huge boondoggles, and push for contracts to political cronies. The answer of term limits is obvious, and rejected by, those in power, what a surprise.
In Georgia, one of our more Conservative congressmen, has also voted for nonsense government grants to businesses, including one that was under investigation for misappropriating government funds. There are no true conservatives, not in DC there aren’t.
The super majority is a sham. If Judicial Nominee’s are an issue, then why don’t they address the issue? Because, both Republicans and Democrats intend to use the issue to get our votes, using them as scare tactics. The Democrats will claim they are preventing far right wing judges from getting the bench. The Republicans are and will claim that the Democrats are preventing good and decent judges from going to work on the backlog of cases brought by the trial lawyers.
The same trial lawyers we haven’t had the guts to reign in before? Yes, those trial lawyers. Those same lawyers we blame for ruining the medical practice by suing everyone in sight when someone sneezes in a Hospital. The same lawyers who turn every minor fender bender into a major legal fight.
There are no Conservatives, because if there was just one Conservative running for the White House, he would change everything in sixty days. Impossible you say? Very possible. A truly conservative president who cared about the people would tell congress to give him a flat tax legislation in sixty days, or he would pardon every citizen for any and all tax crimes for the current year, in other words, you would pay no taxes, and get away with it.
It’s a lie that we’re sending Liberals, or Conservatives. They both push the same legislation through, and we stupidly support them both. We oppose a national ID card as Conservatives, but we pass the National ID act as Conservatives. Everything we’ve opposed, we’ve voted for, all in the name of Conservative.
Snake307 on April 3, 2008 at 11:52 PM
the entire Senate? that would be good.. need more squabbles like this..
The way I understood it, it was an unprecedented use of the supermajority to bring judicial nominees out of committee for a vote on the senate floor… and that not even to the senate confirmation vote yet…
DaveC on April 4, 2008 at 12:05 AM
Hallelujah!!!
labrat on April 4, 2008 at 12:28 AM
Senate Republicans will never do anything to anger Senate Democrats. They are buddies, pals, “close personal friends”! C’mon! You people are dreaming! These are the same creeps that have been in bed with the liberals for years! There are only 5 or 6 true conservatives left in the Senate and they don’t have the power to act. The rest of these idiots are interested in going along to get along! We are left to look to Arlen Spector as a “conservative? Give me a break!
sabbott on April 4, 2008 at 8:26 AM
Arlen Specter had his balls removed and presented them to the Democrats upon his first day in office! They have not been returned!
sabbott on April 4, 2008 at 8:28 AM
.
.
I thought that said “skirt”.
.
.
subbottomfeeder on April 4, 2008 at 8:41 AM
Go ahead and shut the senate down – nothing positive is coming out of there these days anyway. Turn off the lights on your way out. Until we clean house and put REAL conservatives in the senate – people who will fight harder than the dems do, then any reduction in action by the senate is a good thing
JC in CA on April 4, 2008 at 4:01 PM
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