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As featured on p. 218 of "Bloggers on the Bus," under the name "a MyDD blogger."

Monday, April 25, 2005

Justice Sunday becomes Compromise Monday?

ABC News is reporting that Reid and Frist are trying to broker a deal on judicial nominees and the filibuster:

WASHINGTON Apr 25, 2005 — In private talks with Majority Leader Bill Frist, the Senate's top Democrat has indicated a willingness to allow confirmation of at least two of President Bush's seven controversial appeals court nominees, but only as part of a broader compromise requiring Republicans to abandon threats to ban judicial filibusters, officials said Monday.

At the same time he offers to clear two nominees to the 6th Circuit Court of Appeals for approval, officials said Sen. Harry Reid, D-Nev., wants a third appointee to be replaced by an alternative who is preferred by Michigan's two Democratic senators.

The officials spoke only on condition of anonymity, citing the confidential nature of the conversations between the two leaders.


Reid ought to know better than anyone whether or not he has the votes. In a poker game between Nevada Harry and "I lost all my money in the stock market" Bill, I take our guy any day of the week.

It's true that the problem on the face here is that the "promise" of not overturning the filibuster is unenforceable, just like the President's promise to make no more recess appointments is unenforceable. But here's the thing: the Theocrats of "Justice Sunday" are absolutists. ANY compromise short of total victory will leave them pissed off and blaming Frist, further fracturing the now-tenuous binds of the GOP and moving us ever closer to a Radical candidate (Judge Roy Moore?) in 2008, especially if McCain or Giuliani get the nomination.

They won't be happy with a compromise. The DEFINITION of compromise is a solution in which both sides are not fully happy. But the Theocrats have no ability to see that. And THAT is what will get reported: their fury at the GOP.

We members of the reality-based community know that the circuit court justices Reid will give up are a pittance sum compared to the real issue of a SCOTUS appointment. Also, the two that he'll give in on are probably the ones being held up based on Carl Levin and Debbie Stabenow's not being consulted. Plus we can say that we forced the Republicans to back down off their threat. That's big. We come out looking like the tough guys. And I trust that Reid will have the smarts to get something tangible in return for all this.

Not to mention the fact that we save the filibuster, we save the Constitution from the tyranny of the majority, and we get to go back to our constituents and say that we sat the bullies in the GOP down, threatened them, and forced them into submission.

Of course, the best option would be to force a roll-call vote on the filibuster and have it lose. But that's risky; you could have 6 GOP Senators in your corner, and then Bush could twist someone's arm at the last minute. I think ALL of our options are sparkling (even shutting down Senate business, because of the outrage and rift that would open on the right), but Harry Reid vs. Bill Frist in a compromise battle? That's a no-brainer.

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