Yesterday Democrat Senate Majority Leader Harry Reid
broke the Senate rules to change them by executing the so-called nuclear
option. Senator Reid did this based on a
lie that President Obama’s nominees were being blocked at “unprecedented”
levels. The truth is President George W. Bush's nominees
were
treated worse.
Even liberal columnists at the Washington Post are upset at Reid’s unprecedented maneuver to pave
the way for President Obama’s DC
Circuit power grab to advance his agenda.
Ruth Marcus in an article writes “In
filibuster fight, the Democrats go too far”:
Judges are different, and
this is where the Democrats erred. Their move — unlike previous proposals —
eliminated the filibuster except for Supreme Court nominees. The simple reason
for subjecting judicial nominees to a higher hurdle for approval: lifetime tenure.
This is not to argue that
filibusters should be routine or that Republicans were justified in the
frequent deployment of a tactic they once denounced. But there are
circumstances, even outside the context of the Supreme Court, in which a
judicial nominee might be so outside the mainstream or otherwise unqualified
that filibustering would be justified.
Republicans will be
empowered to pick more conservative judges, Democrats more liberal ones.
Perhaps this will make for a more vibrant judiciary. I fear it will create one
that is more polarized and possibly less well-qualified.
The rules change also marks
a fundamental and unappreciated shift of power from the Senate to the executive
branch. Would the Senate now be weighing the nomination of Larry Summers for
Federal Reserve chairman if the new rules had been in place? Have senators
fully thought this through?
Another Post columnist Dana Milibank quotes Democrats in “The
Democrats’ Naked Power Grab”:
[Biden in 2005:] “The nuclear option abandons
America’s sense of fair play . . . tilting the playing field on the side of
those who control and own the field. I say to my friends on the Republican
side: You may own the field right now, but you won’t own it forever. I pray God
when the Democrats take back control, we don’t make the kind of naked power
grab you are doing.”
Sen. Carl Levin (Mich.), one
of just three Democrats who opposed his colleagues’ naked power grab, read
those words on the Senate floor Thursday after Reid invoked the nuclear option.
The rumpled Levin is not known for his oratory. But he is retiring next year
and free to speak his mind — and his words were potent.
“We need to change the
rules, but to change it in the way we changed it today means there are no rules
except as the majority wants them,” Levin said. “This precedent is going to be
used, I fear, to change the rules on consideration of legislation, and down the
road — we don’t know how far down the road; we never know that in a democracy —
but, down the road, the hard-won protections and benefits for our people’s
health and welfare will be lost.”
The word “historic” is often
tossed around in Washington, but this change ends a tradition dating to the
earliest days of the republic. For the nation’s first 118 years, there were no
limits on debate in the Senate. After 1917, cutting off debate, or reaching
“cloture,” required a two-thirds majority. In 1975, that threshold was reduced
to 60 of 100 votes. Even that lower minimum required lawmakers to cooperate
with each other.
Senate Democrats with President Obama’s permission killed
bipartisanship yesterday. Some red state
Democrat Senators will pay the price in 2014.
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