It Seems Likely the "Nuclear Option" Actually Will Be Used (John Dean)

[DesEtoiles]

http://writ.news.findlaw.com/dean/20050408.html

Friday, Apr. 08, 2005


Why the Filibuster Is So Important, and What Its Effect Has Been


...

The result has been either the nomination of moderates or, at least, of judges and justices palatable to the minority party. Given that the judges and justices have life tenure, for the minority party to have this kind of input seems not only reasonable, but necessary. But now the Republicans want the Democrats, currently the minority, to have no input at all.


That is particularly unfortunate given that Senate Democrats represent the majority of Americans - as Washington Post columnist E. J. Dionne Jr. has pointed out. Dionne found, based on July 2004 Census Bureau figures, that the 44 Democratic Senators represent 148,026,027 people, while the 55 Republican Senators represent 144,765,157. (Independent Vermont Senator Jim Jeffords, who votes with the Democrats on such issues, represents 310,697, making the gap even greater.)


The filibuster could hardly be more important than it is at this particular point in history. Congressional Republicans have become a rubber stamp for anything the Bush White House wants. House Democrats have been effectively neutered by the rules of that body, where the majority controls. As a result, Senate Democrats, with their filibuster, are the only check on Bush's bid to impose hard right wing philosophy on the federal judiciary. And Bush is hell-bent on pushing his nominees through: He has resubmitted twenty judicial nominees turned down by the Congress earlier.

...

"Forgetting" the Fortas Filibuster: Gray's False Claim


The April 4, 2005 media briefing by the conservative coalition campaigning to kill the filibuster - mentioned above -- was broadcast by C-Span. There, former White House counsel Borden Gray, who is chairman of the Committee for Justice (an organization working to turn the federal judiciary to the hard right), spoke. However, he spoke falsely.


Gray claimed that the action by the Democrats in filibustering judicial nominees is unprecedented. Senator Frist had earlier called the action by the Democrats radical.


The reality is that there is plenty of filibuster precedent - and indeed, Frist himself participated in a Democratic nominee's filibuster.

[smoogatz]

1. It's all-out war, then.

Not one Democratic vote for any part of the Bush agenda, ever again. Any Democratic senator who "plays ball" with these assholes will have some serious 'splainin' to do.

[JackD76]

13. Will 50 Pugs go along with this?

This doesn't seem like they would all go along with this. I hope I am wrong. Down with the filibuster(for the right reasons of course)

[rzemanfl]

2. If this happens, the Democrats must bring Congress to a halt-

using every available tactic.

[flyarm]

3. dont count on lieberbushlover...he is scum! get him out now n/t

[Gloria]

8. Lieberman is SUPPORTING the Filibuster rules, not the nuclear option

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x1713615

[flyarm]

9. ohh wow one thing out of a hundred...

i am being wrong saying this..i always support dems no matter what..but i am at wits end with this man...i want him out..i just hope that professor runs against him and gets lots of support!

my bad...but just frustrated with the * kisser!!

fly

[lyonn]

4. How would a walk-out work?

I have had visions of the Dem. Senators getting up in unison and walking out when the Rep. pull their bullying tactics.

[rzemanfl]

10. I think the tactic would be to require a vote on everything, nothing

could be done by consent, coupled with procedural delaying tactics.

[Toots]

15. I think that would be the ticket..leave one guy to call for a quorum

at each vote. Without a quorum no votes can take place..

[Nickster]

5. I seriously hope they do, but a part of me says it will just be

business as usual. I really hope they prove me wrong.

[ewagner]

6. True, but also

the Democratic Senators will need our help...

we will have to make sure that our indiviudal Senators know that they have our support at home and we will have to virtually "pepper" the local press (print and electronic) with letters and phone calls of support.

In addition, there shoudl probably be a mass demonstration on the scale of the anti-war protest in DC to show our support for our Senators as well as our disdain (flat out hatred) for Frist and the forces of evil....

Research should be done now to whether Senators can be recalled from their individual states...both as a protective measure and also as an offensive weapon.

Repub Senators up for re-election next year who support this Nuclear Option should be prime targets for defeat.

Remember also that this will be a war of attrition. The Repubs will be counting on a massive uprising against or people for obstructing and hope that as time wears on the public pressure on them to cave-in will be too much to bear. It may last months.

We've got to plan ahead and organize in a big way because this may be one of the most important battles our democracy has ever faced.

[livvy]

7. They should walk out if this occurs.

If they have no voice, what's the point of being there? If they have no voice, than we have none either. Maybe that's what is needed to make the people wake up.

[Pepperbelly]

12. no! Then end unanimous consent...

the Senate will be able to do absolutely nothing.

[EVDebs]

22. Right. From what I've heard they only let the Dems into cmte for 'Show"

[Pepperbelly]

11. Then no more unanimous consent...

And there you have it, kinked up like a blocked bowel.

[livvy]

14. Explain... I don't understand what you mean.

[Pepperbelly]

16. Under the Senate's rules ... there are many things that they ...

are required to do ... read the Bills aloud when they come to the floor each time. Read the amendments into the record. Adding items to the record. To grease the wheels of the Senate, the tradition has been that all concerned give unanimous consent that this reading or that vote or whatever be waived. If no one objects (which they never do) then business proceeds. However, if Reid made sure that EVERY single thing was done EXACTLY as required by Senate Rules, the whole damned thing would lock up and nothing would go anywhere.

[livvy]

17. Thanks for the info!

[Johnny Noshoes]

19. This is a better idea

than walking out. Kill the bastards with the rules and slow it down to a crawl. Its like a good old union rule book slow down - I like this idea.

[Nikki Stone 1]

20. I agree. Impede like all hell, but don't walk out

Walking out gives the right wing media the edge. They can call the Dems "cowards who run away" and set them up as the fall guys. And since most of the US doesn't have a clue what is really going on (or even what the filibuster is), they will perceive the Dems as just "not showing up for work", "taking their marbles and going home." (Can you hear our favorite Oxycotin addict accusing the Dems of just being whiny babies?)

Also, walkouts cannot be forever: eventually the Dems will have to come back--look at what happened in Texas with the killer redistricting. When you come back, you look like you have given in, like you are failing. Bad PR all the way around.

[Placebo]

18. Wow I never even realized that fact!

Quote:

"That is particularly unfortunate given that Senate Democrats represent the majority of Americans - as Washington Post columnist E. J. Dionne Jr. has pointed out. Dionne found, based on July 2004 Census Bureau figures, that the 44 Democratic Senators represent 148,026,027 people, while the 55 Republican Senators represent 144,765,157. (Independent Vermont Senator Jim Jeffords, who votes with the Democrats on such issues, represents 310,697, making the gap even greater.)"

I never even thought about the fact that so many of these Republicans come from the flyover states with like 10 people.

[EVDebs]

21. If the Repubs are 'threatening' shouldn't the Dems call their bluff ?

Call their bluff by starting a filibuster on Bush's pet project Social Security Private Accounts. Or filibuster Everything and anything.

Gridlock is good for us with this bunch in power anyway.

[lyonn]

23. Statistics are so informative

I did not realize that more people are represented by Dem. Senators than Republicans. That sort of takes away Bush's mandate wouldn't you think. So our Dem. Senators need to start barking for their constituents. We want representation.