Gang of 14
When the agreement between the seven squishy Republican Senators and seven "moderate" Democratic senators, the "Gang of 14", temporarily ended the judicial filibuster battle, I was dismayed about the language of the agreement. It said that the democratic members of the gang would forego filibusters except in "extraordinary circumstances." I was dismayed because the deal also said that it was each Senator who could decide for himself what was considered extraordinary. Oh how could the Republicans be such fools! (Much wailing and knashing of teeth.)
Then, back when it passed, not now, I read something that changed my mind. The power is essentially in the hands of the seven Republicans, not the seven Democrats. That is, regardless of what the Democrats say, if five of the seven Democrats filibuster, it is the Republicans that decide whether the bargain was in good faith or not. If they decide that there is nothing extraordinary about the Alito nomination (and there isn't) and any claim that it is extraordinary is disingenuous, then they are released from their pledge not to vote for the "nuclear-constitutional option."
This seems to be coming to pass. So far, both DeWine and Graham have come on record stating that this is no extraordinary circumstance. Assuming all the non-gang-of-14-Republicans are on board, that gives 50 votes for the nuclear-constitutional option, which with Cheney ensures its passage.
Prediction: attempt at filibuster fails when Democrats can't muster 40 votes.
Then, back when it passed, not now, I read something that changed my mind. The power is essentially in the hands of the seven Republicans, not the seven Democrats. That is, regardless of what the Democrats say, if five of the seven Democrats filibuster, it is the Republicans that decide whether the bargain was in good faith or not. If they decide that there is nothing extraordinary about the Alito nomination (and there isn't) and any claim that it is extraordinary is disingenuous, then they are released from their pledge not to vote for the "nuclear-constitutional option."
This seems to be coming to pass. So far, both DeWine and Graham have come on record stating that this is no extraordinary circumstance. Assuming all the non-gang-of-14-Republicans are on board, that gives 50 votes for the nuclear-constitutional option, which with Cheney ensures its passage.
Prediction: attempt at filibuster fails when Democrats can't muster 40 votes.
posted by Harsh Pencil | 10/31/2005 07:54:00 PM
Where is Mr. Carpenter. I have been redeemed!
I posted earlier this May that the gang of 14 agreement was a defeat for democrats because democrats needed 6 out of 7 moderate republicans to find the nominee extreme. That is nearly impossible.
SSC is still hoping for an anti-intellectual populist theocracy (is this a description of heaven?) Miers was the best and possibly last hope for this. Now that Miers is gone, the populist-theocrats can only hold their heads in shame.
Post a Comment