Jonathan Adler discussed Sen. Kyle’s threats to filibuster Obama appointments. Prof. Adler notes that one practical benefit of a Republican filibuster could be that Democrats, in their eagerness to see their nominees evaluated upon intellectual fitness and not ideology, would agree to end the filibuster.
Whether or not this happens, and regardless of the actual outcomes in the Senate of Republican filibusters of ultra-liberal nominees, this is no longer a fight that is purely about the legislative branch of government. This is the first time since the 1970s that we have had a Senator be elected to the White House - a former Senator whose up-or-down votes and filibustering are no longer just about the Senate, but about his own nominees. Had Obama and Biden been just another pair of governors, CEOs, or the like, Prof. Adler and others would be correct to keep their focus on the inner machinations of the Senate. The White House, however, is dominated by a pair of people who voted against the uber-qualified John Roberts and Sam Alito. (The Senate’s vote records are found here for Roberts and here for Alito, who was confirmed 58-42. Obama’s remarks about Chief Justice Roberts may be found here and Sam Alito, here; his VP highlights his experience in trying to sink those nominations as “protecting the integrity of the bench” here.)
No longer are Senators voting, vetting, and potentially filibustering the nominees of governors and Washington outsiders who have not touched a Senate Judiciary Committee hearing in their lifetime. The two leftists in the White House have paraded the fact that they touched off one of the most bitter, partisan ideological divides in decades; said that his “personal estimation” of John Roberts’ use of his intellect left him no choice but to vote against his nomination, despite excellent credentials and character; and have contributed to the shameful inability to approve qualified nominees simply because they are not liberal.
Well, it’s payback time. Perhaps Senate Republicans acquised to Bill Clinton’s judgment when they approved Ruth Bader Ginsburg by overwhelming margins, despite core disagrements with her judicial temperment and ideology. Perhaps they allowed Senate Democrats to filibuster President Bush’s nominees for ideological reasons, beliving this to be the Senatorial equivalent of “personally pro-life, but politically pro-choice.” Nevertheless, there is no reason to defer to Obama and Biden’s choices on judges. Those two worked harder than 80 other Senators to make this partisan, and to approve on ideology and not competence. Well, Senate Republicans: it’s time for payback. This isn’t about your colleagues; it’s about your former colleagues who will now expect you to fall in line. The only way that this sham will end is if every candidate that Obama and Biden put forth will be filibustered, until the White House publicly apologises for its shameful past conduct. Vote against every left-leaning judge. Apply the same standards to their judges as they used during their Senate tenures.
Filibuster, baby, filibuster!
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