Nuke Them Till They Glow

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The Democrats have decided to filibuster the nomination by President Trump of Judge Neil Gorsuch to the Supreme Court.  There never has been the use of a filibuster to block a Supreme Court nomination in our nation’s history except for the case of LBJ who nominated Justice Abe Fortas, former Johnson mouthpiece, to be the Chief Justice in 1968.  His nomination fell to a bipartisan filibuster after it became known that Fortas, while on the Court, served as a Johnson adviser and, in effect, as an unofficial member of Johnson’s cabinet.  It didn’t help that, as in the case of the man who nominated him, Fortas was suspected of being a crook, a suspicion which was proved in 1969 when public outcry forced Fortas to resign from the Supreme Court.

The filibuster is a creature of the Senate rules, and like any rule in the Senate may be changed by simple majority vote.  Ridding the Senate of the filibuster is called the nuclear option.  The Senate went nuclear on November 21, 2013 when former Majority Leader Harry Reid, tiring of Republicans filibustering Obama’s lower court nominees, as the Democrats had the lower court nominees of Bush, pulled the nuclear trigger on November 21, 2013 to get rid of the filibuster in regard to lower court appointees.

The filibuster of Neil Gorsuch, a man universally acclaimed as being well qualified to be on the Court, signals that there is no nominee for the Supreme Court that Trump would send up that the Democrats would not filibuster.  They are forcing the GOP in the Senate to go nuclear, and I say thank God for it.  The filibuster has outlived its usefulness.  What was once a rare tool, deployed only in extreme circumstances, has become a commonplace means of obstruction by which the out party may frustrate the will of the party that holds the majority won at the ballot box.  Preserving the filibuster in a time of extreme partisanship is an exercise in folly, especially since the Democrats have already demonstrated that when they hold the majority again, the filibuster will be headed to the La Brea Tarpits of outmoded legislative devices.  The Republicans should invoke the nuclear option now in regard to Supreme Court nominees, and if the Democrats do not get the message, later in regard to legislation.

 

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21 Comments

  1. Harry Reid will be at ground zero.

    Let it fly and explode over him.
    Him and Nancy Pelosi, former VP Biden, Cecile Richards and former S.S. Hillary Clinton.

    His appointment, Gorsuch’, doesn’t assure a victory in this battle for the innocent children, but it is hopeful.
    Drop the bomb!

  2. Consider the likelihood that the Dem party is run by idiots. Evidently, the only nominee the dums will not filibuster is a Ruth Bader Ginsburg clone.

  3. I doubt if the Republicans will lose a single vote when it comes to invoking the nuclear option. With Pence they can afford to lose two, and I could imagine Manchin of West Virginia voting to invoke the nuclear option.

  4. I have the same prayer Don, but this is not a throwaway issue–it’s for decades of owning the whole enchilada–if two of the above fold, I see no reason the other two won’t eagerly follow. I hope I’m dead wrong.

  5. In the House of Commons, a debate can be terminated by as motion that “the question be now put.”

    The House of Lords is even more brutal, with a motion that “the noble lord be no longer heard.”

  6. The rules of the Senate were written in a less bitterly partisan era. the filibuster has died as civility disappeared from political discourse. I am more concerned that following the rule of law has become passe as well. I call for a legal investigation of Eric Holder’s part in Fast and Furious, the weaponizing of the IRS, the Benghazi affair… the list of irregularities from the last eight years is disheartening.

  7. It’s time for the U.S. Senate to adopt procedural rules similar to those of the House and end filibusters for all purposes. If we ever do see an Article V convention called, it would be agreeable if it would recommend an amendment that would functionally differentiate the House and the Senate – with one charged with legislation and the other with oversight – and had the caucuses of the House itself elect the Senate much as colonial assemblies chose governor’s councils. The Senate is an awful institution.

  8. It amazes me how strong the political appeal of “victim” status has become in our politics. The Senate Dems are about to burn down their own house –just so they can complain about how unfair it is to be caught out in the sleet and rain.

  9. If we ever do see an Article V convention called, it would be agreeable if it would recommend an amendment that would functionally differentiate the House and the Senate – with one charged with legislation and the other with oversight – and had the caucuses of the House itself elect the Senate much as colonial assemblies chose governor’s councils. The Senate is an awful institution.

    Or we could just repeal the 17th Amendment.

  10. Or we could just repeal the 17th Amendment.

    A favorite of antiquarians, but likely to have only one good effect: Senators won’t be obsessed with fundraising.

  11. I am a former Catholic, pro-choice, but would love to see Republicans press the easy button to overturn Roe v Wade overturned quickly so we can all join hands and work together.

    The easy button is the Sanctity of Life Act, which declares that life begins at conception, and automatically removes jurisdiction from the Supreme and federal courts, which effectively overturns Roe v Wade immediately.
    https://en.wikipedia.org/wiki/Sanctity_of_Life_Act

    If this law was passed, then then Catholics concerned about abortion would never again have to worry about makeup of the Supreme Court. We would immediately revert to pre-Roe v Wade, and all the attention would turn to the states where the laws would be made to outlaw abortion.

    In theory with a Republican majority, it would be easy to pass this bill, but the truth is that it would put Republicans in a tough position. They have been pretending for four decades that it is hard to protect the unborn, so the bill would force them to explain why it took them so long. Action would be scary for Republicans after decades of talk. Finally, Republicans have poisoned their brand with Donald Trump in the White House, so if Catholics realized that there was nothing more for them to do about abortion, then why would pro-life voters need Republicans any more?

    For the good of the country, I strongly request that Catholics ask their attorney friends to look at this bill, and pursue it with as much force as you can muster if you are convinced, as I am, that it is exactly what you need.

    As a former Catholic, I know that Catholics would never tolerate a man like Trump in your lives, much less the White House, unless you absolutely had to. If you get this done ASAP, then you can free yourselves to vote on a broad issues at the Federal level. At that point, we can all work together to help our nation heal.

  12. “Rules were made to be broken”. There is a time and a place for everything especially when it comes to overcoming evil.

  13. Bombs Away! The so-called Democratic Party is guilty of false advertising. They are no more democratic than any of the other various permutations of the progressive movements of the Twentieth Century. Garbed in different colored shirts, brown, black or red, they all are statists and totalitarians.

  14. Roe v. Wade never bore the burden of proof that the newly begotten, perfectly innocent sovereign person, the standard of Justice for the state in legal and moral innocence who institutes the state (read government) from the very first moment of existence was not created equal as all men are created equal in original innocence; the newest member of our Constitutional Posterity protected and acknowledged in The Preamble, the purpose expressed for our Constitution.
    The sovereign personhood of the newly conceived is endowed with innate human rights that become civil rights; our unalienable human rights, through “the Laws of Nature and Nature’s God”. The rational soul brings life. Death occurs when the immortal human soul can no longer abide in the body torn apart by abortion.
    The sanctity of human life is endowed by “their Creator” and is safeguarded by the state instituted by the sovereign personhood of “We, the people”. Our Founding Fathers and the principles they laid down, THE UNANIMOUS DECLARATION OF INDEPENDENCE OF THE UNITED STATES OF AMERICA ratified by every state and THE CONSTITUTION FOR THE UNITED STATES ratified by all states declare and acknowledge that the state is subject to the innate human rights not inscribed in our Founding Principles in THE NINTH AMENDMENT.
    That a person is a former Catholic or a Democrat or a Republican or Obama or Trump, all are subject to our Founding Principles unless and until a person disenfranchises himself of American citizenship by violating or disregarding our Constitution. Roe v. Wade disregarded and violated The Ninth Amendment of The Constitution for The United States of America.

  15. Dear 1440 minutes, there is no such thing as a former Catholic. Baptism leaves an indelible mark on one’s soul. One might deny Christ before men, and even die unrepentant, and go to Hell but that person will still be a Catholic. As for President Trump, if he can turn this country back from the brink to which Obama has led it, I am with him one hundred percent.

  16. The filibuster began as a devise for securing unanimity. First &5%, then 67%.now 60%. Formally it is a courtesy to a SINGLE senator, to stay progress until the question is called. It can be used heroically, as by The fictional senator played by Jimmi Stewart in “Mr. Smith” goes to Washington. It comes from the heyday when issues were substantially discussed from the floor. Henry Clay got rid of it in the House back in 1812. That was because the House had grown too large. Today the place for oratory has passed tp the committees.

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