GOP’s unparalleled radicalism: Time for Democrats to go nuclear on judges!
Republicans are nullifying vacancies on a key law-making court so they can subvert the law. They must be stopped
Sen. Patrick Leahy, D-Vt., Sen. Chuck Grassley, R-Iowa, on Capitol Hill in Washington, Monday, May 20, 2013. (Credit: AP/J. Scott Applewhite) |
When last we checked in, Senate Republicans were vowing to effectively nullify three vacant seats on the ultra-powerful D.C. Circuit Court of Appeals by denying confirmation to all of President Obama’s nominees — to prevent Obama from giving the court a more liberal balance.
These filibuster threats were disconnected from all juridical merits. They were instead the tactical core of a subversive plan to preserve the conservative status quo on a court that will settle a tremendous amount of administrative law between now and the end of Obama’s presidency. Put another way, Republicans were threatening to use the Senate’s filibuster rules to improve the statistical odds that the court will upend Obama administration regulations — to unilaterally change law from their minority position in the Senate.
Democrats were obviously unhappy about this, and began threatening — once again — to nuke the supermajority cloture rule, this time as it pertains to judicial nominees.
A week and a half later, Republicans have successfully filibustered two D.C. Circuit Court nominees, and are promising a hat trick. They seem inclined to call the Democrats’ bluff, and are using political psy-ops as a kind of deterrent against the threat that Dems will go nuclear.
But the nullification strategy is radical, and entirely new. It transgresses the semi-stable norms — regarding professional qualification and ideological temperament — that had previously governed which nominees were subject to rejection by the minority. And so the persuasive power of GOP threats are self-limiting.
“Be careful what you wish for,” Sen. Chuck Grassley, R-Iowa, the senior Republican on the Senate Judiciary Committee, said on the Senate floor Tuesday. “[I]f the Democrats are bent on changing the rules, then I say go ahead. There are a lot more Scalias and Thomases out there that we’d love to put on the bench. The nominees we would nominate and confirm with 51 votes will interpret the Constitution as it was written. They are not the type who would invent constitutional law right out of thin air.”
This is a bizarre warning. If Democrats change the rules, then future Republican presidents will flood the judiciary with … precisely the kind of conservative jurists they’ve been nominating and getting confirmed for years and years.
Brian Beutler is Salon's political writer. Email him at bbeutler@salon.com and follow him on Twitter at @brianbeutler.
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