Step 1: Arlen the Bad Dog
The Republican expected to chair the Senate Judiciary Committee next year bluntly warned newly re-elected President Bush against putting forth Supreme Court nominees who would seek to overturn abortion rights or are otherwise too conservative to win confirmation. . . .
"When you talk about judges who would change the right of a woman to choose, overturn Roe v. Wade, I think that is unlikely," Specter said, referring to the landmark 1973 Supreme Court decision legalizing abortion.
"The president is well aware of what happened, when a number of his nominees were sent up, with the filibuster," Specter added, referring to Senate Democrats’ success over the past four years in blocking the confirmation of many of Bush’s conservative judicial picks. "... And I would expect the president to be mindful of the considerations which I am mentioning."
Step 2: Arlen is Beaten with a Rolled-up Newspaper
The Washington Times - 11/08/04:
James Dobson, founder of Focus on the Family, says he is not convinced by Mr. Specter's assurances that all judicial nominees will be treated fairly. "He is a problem, and he must be derailed," Mr. Dobson said on ABC's "This Week."
Mr. Dobson described Mr. Specter's original remarks last week as "one of the most foolish and ill-considered comments that a politician has made in a long time." "There are many, many members of that committee [who] are more qualified and less of a problem then Senator Specter," he said.
National Review Editors - 11/05/04:
It follows that Arlen Specter should not be elevated to the chairmanship of the Senate Judiciary Committee. . . Specter's litmus-test attitude (after pressure on Thursday, he backtracked, in a statement, saying he has no litmus test — but we know him too well to take the chance) is wrong in principle, because it demands that judges pledge fealty to an anti-constitutional decision. For the social conservatives who just elected Republicans to office for the very purpose of getting sound judges confirmed, Specter's elevation would not just be a symbolic slap in the face but an actual betrayal. Find the man another sinecure.
The Washington Post - 11/14/04:
Appearing yesterday on "Fox News Sunday," Majority Leader Bill Frist (R-Tenn.) called Specter's comments "disheartening" and said the Pennsylvanian had "not yet" made a persuasive case for the chairmanship. Frist said Specter will meet this week with the Senate GOP leadership as well as Judiciary Committee Republicans but that a final decision will not be made until January.
Step 3: Arlen Whimpers and Lays Quietly on the Floor
However, conservatives began a campaign to deny him the chairmanship after his comments on Roe v. Wade and judicial nominees. Specter then met with many conservative Republican Senators, and based on assurances he gave them, he was recommended for the Judiciary Committee's chairmanship in late 2004.
The Washington Post - 11/17/04
Key Republicans said yesterday they believe that Sen. Arlen Specter (R-Pa.) will be approved by GOP colleagues as chairman of the Judiciary Committee despite an uproar over his expressed doubts that a Supreme Court nominee who opposes abortion rights could be confirmed by the Senate.
The predictions followed an extraordinary, nearly two-week-long campaign by Specter to firm up his shaky grip on the chairmanship. It culminated yesterday in personal appeals by Specter to GOP leaders and committee colleagues to trust his assurances that he will do all within his power to win speedy approval for President Bush's judicial nominees. . . . .
Step 4: Arlen the Good Dog
Judiciary Committee Chairman Arlen Specter, R-Pa., closed five days of hearings Friday and announced his support for Alito's ascension to the high court.
Step 5: Arlen Gets Patted on the Head and is Thrown a Treat
Blogs for Bush:
Well, the worries are laid to rest - Senator Specter has handled himself and the two Supreme Court nominees deftly and with exceptional patience and grace. He's done a good job by the Republican Party, and we owe him thanks for a job well done.
Powerline:
This is also a good time to reconsider the Republican leadership's decision a year ago not to deny Arlen Specter the chairmanship of the Senate Judiciary Committee.
I don't think there's any question that this was the right move.
Specter has conducted himself well, and might have caused problems had he been on the outside. Unlike with the gang of 14 deal, Power Line had the right line on this one. We grudgingly agreed with the decision of the Senate leadership not to block Specter.
Kathryn Jean Lopez, National Review:
Specter did a fine job presiding over the hearings. That's what he's supposed to do. As far as the past goes-- a year ago this November--he issued a warning to the president and announced a litmus test--against too-conservative nomineees--the morning after the presidential election. It was our view (my words here, not "ours") that Senate Republicans should get a backbone--publicly acknowledge that conservative values won the election and they should actually take the lead in D.C.--and say club rules be damned. They chose not to. I think that was a mistake, albeit, clearly, not the end of the world. He's chairman. As chairman, he did his job with the two excellent candidates the White House put up who made it to the committee. Good for him.
I honestly wish my dogs were that easily trained. They could learn a lot from Arlen.
It's the single most humiliating spectacle I've seen a national politician be subjected to. That's when you knew the GOP was not playing around with this whole second-term dissent thing.
ReplyDeleteWatching him sit there at the beginning of Alito's hearings, justifying his humiliation by saying how nobody knows for sure what someone will do on abortion, was truly painful. The supposed pro-choice Republican maverick will be the obedient instrument for the destruction of Roe. What a complete humiliation.
They've done the same thing with all of their "moderates" - Snowe, Collins, even Hagel - they all make noises about dissent and then always snap into line at the end.
ReplyDeleteMeanwhile, Democrats are the opposite. Harry Reid says that they will wait to decide what they will do about the nomination until they meet, and then Diane Feinstein gives him a big Fuck you and comes out this weekend and warns against filibustering.
Repubs. are people who are naturally led. They want centralized authority dictating their behavior. It's a disgusting personality trait, but it makes for much better political discipline.
I don't see what the problem is. He is pro-life, promised the Republican caucas that he would support the President's nominees in exchange for keeping his Chair, and then lived up to his word.
ReplyDeleteThat makes someone a dog?
That captures Specter's craven behavior quite well, and I write that as one who has contempt for Roe and who supports jurisprudes who understand why it is corrupt. They are most likely to be correct in most areas of parsing the Constitution. But I was both amused and bemused at how easily the GOP slammed Arlen into obedience.
ReplyDeleteAnd redy, Arlen Specter has always been avowedly pro-choice, and pro-Roe.
When were we done in on this done deal? Hard to say. I remain ever amazed by what politicians say combined with what political realities follow.
ReplyDeleteIs the specter of Specter some ghost of conscience flying? In the case of Feinstein, should principle have anything to do with her job before she tosses her vote Alito on a bonfire of vanities?
In the end are we left with only A Kindly Request?
What a coincidence. I was in my Dr.'s office today reading an old copy of the New Yorker, which included an article that recounted the whole sorry Specter smackdown.
ReplyDeleteIt made me wonder about Specter's remark on the talk shows yesterday that "impeachment and criminal prosecution" would possibly a remedy if Bush broke the law on the NSA spying issue.
Is Specter setting himself up to be some kind of "objective" arbiter when his committee holds hearings on the spying program, so that he can say he "took the matter very seriously", but in the end there was no impeachable offense? Or is he trying to extract revenge on the administration?
I can't quite figure it out. I DO know however, (having worked a little on the Hill) that most Senators tend to have very large egos, and public humiliation does not sit well with them. (And Specter was thoroughly humiliated by Frist and the Administration). For Specter to mention impeachment on TV was no accident. I'll be interested to see how it plays out.
Glenn,
ReplyDeleteThe Washington Post has also announced that Alito should received the yes votes of all senators; that he should move to the Supreme Court because he is such a decent and well qualified appointee.
Who was it that took the rolled up newspaper to the Washington Post. Maybe Specter and the Washington Post see what you and the zealots like you refuse to acknowledge. Alito is overwhelmingly a superior choice for the Supreme Court; qualifications, brains, and experience count. So do election results.
Says the "Dog"
This was a sad day for Senator Specter. Wouldn't it be great for the country if Senators would stand up for what they believe.
ReplyDeleteUnfortunately, the GOP dog training
methods have been used very successfully with the Democratic party as well. If Alito's speaches and rulling do not warrant
a filibuster, we might as well give give King George I of the USA his crown and kiss our liberties goodbye.
Who was it that took the rolled up newspaper to the Washington Post.
ReplyDelete"Waaa waaa waaa! Dan Froomkin is too liberal! The GOP told us so, and so we're going to start publicly trashing him, even though he works for us!"
Hmm, nope. No idea who took a rolled up newspaper to the Post. Thank God they've been such a bulwark of the Fourth Estate on checking the excesses of government.
But I guess you're right. Senator Specter realized that the principles he's espoused to his constituents every single time he's run for election, and restated prior to his chairmanship, aren't nearly as important as elevating this one particular technically qualified person out of numerous technically qualified people to the Supreme Court, just because the President says so. I could have sworn that Alito wasn't the President's first choice, even though he is apparently the most qualified person in the world for the job. Senators are free to use political beliefs in their advice and consent, be it views on the Jay Treaty, or be it views on abortion. Senators Brownback and Coburn made it painfully clear that they have a Roe litmus test for nominees that they will support. But Teddy Kennedy is fat and mean.
--mds
mds,
ReplyDeleteYour last post boils down to advise and consent should only be a political choice, irrespective of tradition, elections, the President's constitutional role in the process, etc.
If that's your position that's fine, but you will need to start winning some elections first or your policy is going to lead to substantial frustration once the Republicans stop being statesman on the issue and join you and the rest of the democraps down in the gutter where you've all been since 1987.
Says the "Dog"
P.S., the fact remains that stalwart of radical conservative action the Washington Post has looked at the same facts as you and Arlen Spectre and has come to the same conclusion as Spectre. Alito should be confirmed says the WaPo.
Hmm, yes, someday perhaps Democrats can move up into the light of statesmanship, and procedurally block an up-or-down vote for Marsha Berzon and Richard Paez for two and four years, respectively, by refusing to release them from committee for purely partisan reasons. Mr. Brownback could then give lessons to Democrats on the principle of then attempting filibusters of these nominees, who had the approval of a majority of senators. Mean Democrats, why can't they play by the rules that Republicans invent which don't apply to themselves? Perhaps Senator Coburn can go on another abortion rant, to give Teddy Kennedy lessons in civility. Perhaps Mr. Hatch can lecture us on the principle of "blue slips," which were holy writ until a Republican held the White House. Yeah, get out of that gutter, Democrats. The Republicans are waiting in the sewer.
ReplyDelete--mds
But I'm glad to see you admit that the Washington Post is a "stalwart of radical conservative action". Given their attempt to repeatedly assert that Democrats also received contributions from former College Republican Jack Abramoff, even though they haven't, certainly suggests that they're not flying the flag of liberalism, that's for sure. On the other hand, the left blogosphere uses labels like "Steno Sue" Schmidt and Howie "Wanker" Kurtz because of their impeccable progressive credentials.
ReplyDeleteOr perhaps you're referring to Ruth Marcus's op-ed in the Post today, which admittedly is hardly a ringing endorsement of Mr. Alito, or this whole pretend game about politics not being involved in the judiciary. This is something that President Washington understood, at least after Rutledge was rejected.
--mds
Abramhoff did direct money from his clients to democraps. That's a lot more than Tom Delay was indicted with a felony for doing. There is not tie between Delay and the payment of money, but strangely I've missed your posts of opposition to such an outrage.
ReplyDeleteAs to the rest of your posts. Republicans on the Judiciary committee have never used the foolish slime ball McCarthyesque tactics of Leahy, Kennedy, Feingold, et al. That has been the sole province of the Democraps on the Judiciary committe since 1987. The great thing about their repeated exposure on TV in this last round was that their insincere slimy tactics were obvious even to the most blind looking on. A few more such spectacles and the democraps will be lucky not to LOSE seats in the House in 2006.
Saving a couple of lame appointments without majority (less than 50%) support on the floor of the Senate from the embarrassment of being officially rejected is NOT the same thing as a tiny minority of a minority blocking through the unconstitutional use of a filibuster judicial nominees who DO HAVE majority (more than 51%) support on the floor of the Senate.
Says the "Dog"
Saving a couple of lame appointments without majority (less than 50%) support on the floor of the Senate from the embarrassment of being officially rejected is NOT the same thing as a tiny minority of a minority blocking through the unconstitutional use of a filibuster judicial nominees who DO HAVE majority (more than 51%) support on the floor of the Senate.
ReplyDeleteMarsha Berzon and Richard Paez turned out to have majority support on the floor of the Senate, yet their appointments were blocked from consideration for years due to single-senator holds (about as minority as you can get), either in the Judiciary Committee (Berzon) or post-committee (Paez). When they were finally to face their "up-or-down" votes, Senator Brownback and a cadre of other Republicans attempted to filibuster them. Senator Frist even joined in the Paez filibuster attempt. Bloody hell, are you willfully mendacious, or just stupid?
--mds
mds,
ReplyDeleteI thought you opposed Hatch getting rid of the single senator hold thing. You've certainly criticized Hatch for this. So which is it? Single Senator hold policies good or bad that they were ended? Make up your mind.
Where these filibusters to which you refer successful. Did they succeed in blocking a floor vote on these nominees?
If they didn't then they don't compare to the democraps minority or a minority actions.
Says the "Dog"
Where these filibusters to which you refer successful. Did they succeed in blocking a floor vote on these nominees?
ReplyDeleteSo filibusters are only wrong if they're successful? What moral absolutism.
I thought you opposed Hatch getting rid of the single senator hold thing. You've certainly criticized Hatch for this.
I have? Where? Granted, it was an outgrowth of the construction of the Senate from the beginning, where technically everything proceeds by unanimous consent. But I'm not debating whether it was an appropriate policy; I'm pointing out that it was used. I wasn't the one asserting that only Democrats have blocked judges that have majority approval from receiving floor votes. Allowing a single Senator to block a nominee who has majority support is an example of a minority of one blocking the will of the majority. I'm not the one who made false claims that every blocked Clinton nominee lacked majority support. Jesse Helms blocking three black judges from the Fourth Circuit because it already had "enough judges" is not automatically expressing majority will. But whatever.
--mds
I thought you opposed Hatch getting rid of the single senator hold thing. You've certainly criticized Hatch for this.
ReplyDeleteTo be fair, I have criticized Mr. Hatch for having one set of Judiciary Committee rules for Democratic Presidents, and another set for Republican Presidents. Previous committee chairmen of either party didn't have such highly situational rules and traditions. But a foolish consistency is the hobgoblin of little minds, I guess.
--mds
mds,
ReplyDeleteSo you are saying that before Hatch corrected the precedent and got rid of the blue slip hold, that the democrats and republicans were both engaging in a foolish conspiracy of little minds.
Says the "Dog"
mds said:
ReplyDeleteAllowing a single Senator to block a nominee who has majority support is an example of a minority of one blocking the will of the majority.
Yes but that isn't a filibuster and was a long standing practice of allowing a senator from the state the nominee was from to veto the nomination. Its good that Republicans had the good sense to get rid of this rule once and for all. Democrats had the power for decades to do away with it, but chose the undemocratic method instead.
I'm not the one who made false claims that every blocked Clinton nominee lacked majority support.
They weren't false, you admitted above these nominees got floor votes. My statement remains true that Republicans didn't block floor votes on nominees with majority support in the Senate as a whole. Democrats have used the filibuster as an unconstitutional method to block floor votes for judges with majority support in the Senate as a whole.
Says the "Dog"
My statement remains true that Republicans didn't block floor votes on nominees with majority support in the Senate as a whole.
ReplyDeleteIf by true, you mean leaving out the words "successfully" and "permanently" in two particular cases, then I guess your statement is true. Again, I applaud your assertion that it's only wrong to successfully and permanently block a nominee, which presumably includes African-American appointments to the Fourth Circuit. There's no hypocrisy if you say one thing and only try to do the opposite? This is definitely the party of "moral values."
You previously asserted that every single nominee that was blocked lacked majority support. Berzon and Paez were held up for years, yet had majority support. So why were they held up at all? And how many other nominees actually would have had majority support if they had received committee hearings and floor votes? I have no idea, and neither do you.
Its good that Republicans had the good sense to get rid of this rule once and for all.
And purely coincidental that this evil rule was only done away with when a member of the same party was in the White House. Why did Mr. Hatch lack the "good sense" to get rid of this undemocratic rule between 1995 and 2001? Oh, because then it was perfectly legitimate. No double standard there. And if Democrats attempt a filibuster of Alito and fail, you naturally won't heap abuse on them, right? Because, just like Senators Frist and Brownback, they only tried.
And I'd ask you to point out what part of the Constitution says filibusters are forbidden for judicial nominees, given that Article I Section 5 gives the Senate the power to set its own rules, but I already know you have trouble with the actual text of the Constitution. Anyway, I await the seating of Mr. Fortas' ghost on the Supreme Court, since Republicans violated the Constitution in filibustering him. I also await your condemnation of Mr. Helms for permanently blocking consideration of multiple nominees to the Fourth Circuit regardless of their support, since that must have been unconstitutional, too.
--mds
Once these judges had majority support on the floor the filibuster was lifted. Simple. Again my statement remains true, Republicans never blocked a nominee who would have been confirmed had he gotten an up or down vote of the full senated. Democrats on the other hand have done exactly this. Usually to block some hispanic minority candidate, an occassional black candidate, and several blocked because they had a belief and faith in God that was more than just the democrat lip service and dead faith of the agnostic/atheist/commie crowd, er I mean lefty democrat crowd.
ReplyDeleteThe advise and consent clause of the constitution requires a simple majority vote. Filibusters by a tiny minority are unconstitutional or perhaps a better description would be anti-constitutional because they require a super majority vote of 60 votes. I happen to think ALL filibusters for judges AND legislation are anti-constitutional and should be done away with. The House was smart enough to do away with the filibuster rule many decades ago. The senate needs to wise up. The party who wins elections should be able to aggressively pursue the agenda for which their party stood. Then either real progress or real pain for the country can be made. If its real progress, they will keep winning elections, and if its real pain they will start losing elections. I'd rather have the party in control be able to act on their legislative mandate no matter which party was in control, than to see stalement and the slow death spiral we are currently in politically.
Says the "Dog"
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ReplyDelete