Moderates End Filibuster Crisis in Senate

It took a bipartisan group of moderates to force some sense on the US Senate over the potential filibuster over judicial appointments and the threat of the “nuclear option” to abolish the filibuster in such cases. Like small children, the rightists in the Senate wanted to change the rules to get the victories they wanted on these rather insignificant appointments. Equally lacking in maturity, the Democrats had threatened to bring all Senate business to a halt if the rules were changed. In the end, the Senate grown-ups (all 14 of them) prevailed.

The filibuster, as has been explained in the media, requires 60 Senators to vote in favor of ending debate on a subject and bringing it to a vote. Originally, there was no way to end debate in the Senate if a senator wanted to talk a bill to death. This changed in 1917, when Senate Rule 22 was passed allowing a 2/3 majority to end debate. In 1975, this was reduced to 3/5. Famous in the film “Mr. Smith Goes to Washington,” the filibuster has been used to delay the ratification of the Treaty of Versailles ending World War I, to delay the Civil Rights Acts of 1957 and 1964, and by the GOP to keep Abe Fortas off the Supreme Court.

Of course, super-majorities are undemocratic, but that is not inherently bad. They require concessions to the minority that preserve the middle ground. By the same token, they give power to the minority, which has no need to be reasonable if it can stay united, and this slows things down a permits people to think things through.

In the end, the Gang of 14 agreed to let three of Mr. Bush’s judicial nominees get by without a filibuster (and therefore will likely be confirmed by the 55 Republicans in the Senate), two more may or may not face such talking, and in future the filibuster will only be used against judicial nominees in “extraordinary circumstances.” This means that Clarence Thomas can be nominated to succeed William Rehnquist as Chief Justice and not face a filibuster – a man confirmed to be an associate judge certainly must be qualified to be Chief Justice after serving as long as Justice Thomas has. And that was the real issue at hand.

The Senate, by keeping the filibuster, retains some power against the imperial Presidency Mr. Bush is running. At the same time, Mr. Bush can claim a win by getting the votes he wanted. The real loser here is Bill Frist (R-TN) who led the fight against the filibuster. He has let himself become a puppet of the social right, shredding his dignitas in the process. The big winners are the Gang of 14, which includes Lindsey Graham (R-SC), who now emerges as an alternative candidate in 2008 to Mr. Frist. The campaign has begun.


© Copyright 2005 by The Kensington Review, J. Myhre, Editor. No part of this publication may be reproduced without written consent.
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