Senate Majority Leader Harry
Reid is increasingly focused on the month of July as the time to exercise the
so-called “nuclear option” and revisit filibuster reform, and he has privately
told top advisers that he’s all but certain to take action if the Senate GOP
blocks three upcoming key nominations, a senior Senate Democratic aide familiar
with his thinking tells me.
Reid has privately consulted
with President Obama on the need to revisit filibuster reform, and the
President has told the Majority Leader that he will support the exercising of
the nuclear option if Reid opts for it, the aide says, adding that senior
Democrats expect the President to publicly push for it as well. “If Senator
Reid decides to do something on nominations, the president has said he’ll be
there to support him,” the aide says.
Reid is eyeing a change to
the rules that would do away with the 60-vote threshold on all judicial and
executive branch nominations, the aide says, on the theory that this is a good
way to immediately break an important logjam in Washington — without changing
the rules when it comes to legislation.
“This would take away the
right to filibuster on nominations,” the aide says. “All executive branch and
judicial nominations would be subject to majority votes.
Why write about this in May? Well, for no reason at all Reid forced a confirmation
vote on a nomination a few days sooner that was going to pass.
As Republican leader McConnell said
yesterday “regarding what he termed a ‘culture of intimidation’ that exists
in the Executive Branch and among Senate Democrats and the threat to use the
nuclear option if they don’t get their way every time:”
“Recently, we’ve seen
troubling signs that there are some in the Executive Branch who would use the
power of the federal government to intimidate political opponents.
. . . “It all points to a culture of political
intimidation. But, unfortunately, it doesn’t seem that the culture of
intimidation is simply confined to the Executive Branch.
. . . “Moreover, Republicans on the Judiciary
Committee just voted unanimously to support the President’s current nomination
to the D.C. Circuit. And the Senate Republican Conference agreed yesterday to
hold an up and down vote on his nomination, which has only been on the
Executive Calendar since Monday, to occur after the Memorial Day Recess. That
way, Members who do not serve on the Judiciary Committee could have a week to
evaluate this important nomination. Instead, the Majority Leader chose to jam
the Minority—he rejected our offer for an up or down vote and filed cloture on
the nomination just one day after it appeared on the Executive Calendar.
The real reason Senate Reid is doing this is he does not
like the fact the courts are standing
up to the Administration and Democrats.
Senate Majority Leader Harry
Reid doesn’t like the direction the federal judiciary is heading, so he has
come up with a variant of court-packing to achieve his results. He took the
Senate floor Wednesday to defend the use of the “nuclear option” to bypass Senate
rules and force through President Obama’s nominees to the U.S. Court of Appeals
for the District of Columbia Circuit.
. . . The three judges
accused of havoc-wreaking merely made the point, obvious to English-speakers
everywhere, that the president is obliged to wait for a recess before he can
make a recess appointment. Mr. Obama didn’t want to wait. He installed NLRB
members in January 2012 while the Senate was in pro forma session. The White
House was very much aware the radical appointee wouldn’t get past a Republican
filibuster. Rather than find appropriate choices, the president bypassed the
constitutional process.
There was nothing
extraordinary in the D.C. Circuit’s reasoning that the Constitution must be
followed. Last week, a federal appeals court in Philadelphia also ruled against
Mr. Obama’s NLRB “recess” appointments on the same grounds.
Mr. Reid’s rant disturbed
the peace of the Senate amid debate over how quickly to proceed with the
nomination of Deputy Solicitor General Sri Srinivasan to the 11-member D.C.
appeals court, which currently has four vacancies. Mr. Reid’s claim that the
vacancies must be filled at once to restore ideological “balance” to the court
is patently false, given that four of its seven judges are appointees of
Republican presidents and three were appointed by Democrats. Four more liberal
judges would likely guarantee a rubber stamp for Mr. Obama’s agenda. Some
“balance.”
Democrats led by President Obama and Senator Reid are
determine to deny free speech and intimidate their opponents. It should not be just Republicans but
everyone who should be concerned about this abuse of power.
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