Republican senators are making an extraordinary argument that the DC Circuit of Appeals, despite having three vacancies, does not need any new judges because their workload is low. Congress determines how many judges each circuit should have, and they have determined that the DC Circuit should have three more judges. President Obama has made those three appointments. Two of the three have already been approved by the Senate Judiciary Committee. But the Republicans are going to filibuster all three of them and prevent the Senate from even having a debate about their qualifications. Their qualifications are not even a small part of the dispute. The individuals who have been nominated are being blocked, not because they are unqualified, but because the Republicans don’t think any judges should be put on the DC Circuit. The president is in the first year of a four year term, and the Republicans plan on blocking these (or any) judges this year, and for the next three years, and for the next 100 years, if it comes to that.
There has been a lot of discussion about, and a good bit of momentum for, doing away with the filibuster for Executive Branch nominations. There has been less support for doing away with the filibuster for judicial nominations because most judgeships are lifetime appointments. But the Republicans’ extreme position on the DC Circuit is forcing the Democrats to consider something that they do not want to do. They cannot accept the precedent that the Senate can deny them the right to appoint judges without any regard for the qualifications of the nominees. They just can’t.
So, if the Democrats don’t go “nuclear” over this issue, they will have caved in on something that they absolutely cannot cave in on. The Republicans are giving them no real choice. It’s a shame and it isn’t a good development, because if the filibuster makes sense for anything, it’s for lifetime appointments.
Hopefully they “go nuclear” on the executive branch appointments first, in order to put pressure on the few sane Republicans left to agree to put one or two of the appointments on the DC bench.
Alternately, it would be nice to see a “decaying” filibuster. 60 votes for cloture, if you don’t get it, you have to wait six months. Then it’s 55 votes. If you don’t get it then, you wait another six months. Then it’s a majority vote.
That preserves the delaying function of the filibuster, without making it a tool of absolute obstruction.
If I could offer a friendly amendment: a faster “decay” rate”. 60 votes the first time. 55 one month later. Majority vote after 60 days.
If everyone presidential appointment can be delayed by a full year by a united opposition, that seems to high a price to pay to preserve the filibuster.
By that rationale, the Congress only needs 1/10th of the house members because their workload is so low.
Dems need to start making this point–that they’re being forced–publicly. Because they are. I realize the screw up with the federal health exchange has deflated the balloon a little, but getting judges in place is important. Heck, it’s important for the ACA.
Ding. Ding. Ding. And the EPA and any other agency that has its headquarters in the jurisdiction of the DC circuit.
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No, it’s just until the next Republican President is elected. Then they will discover they need a full bench after all, and make sure it is filled with Republicans…
that’s what “if it comes to that” was intended to mean.
If the Republicans continue to act so extremely intransigent, justice would deliver to them the need to filibuster judicial appointments for 100 years, because they wouldn’t deserve the Presidency or a Senate majority for 100 years.
This crisis illustrates the desperate place in which we find ourselves. Our political system is deeply corrupt and broken. There is hope on the horizon but it’s going to require electoral repudiation of the extremists to bring that hope to fruition. We have much work to do.
Our country has survived through many crises before. We’ve come through each time and I believe there’s a very good chance we will again. I hope so.
In a way, this is an extension of the same deep issue that’s always been at the core of our issues. At root is prejudice and tribalism. One could say this is the core of our problem as human beings; the justification for inhumanity that spans all of recorded history.
The Dems have to stop worrying that the GOP will try to get revenge later. Of course they will, no matter what we do. Unless, of course, we use the power we have now to beat them down so hard that they are in no position to do anything at all. Kill the filibuster, fill the courts with liberals, fix the voting laws, and crush what is left of the GOP. That’s the right answer.
I am generally all in favor of peaceful negotiations, but we are no longer dealing with a loyal opposition. These people are attempting to destroy our nation, and it’s time for a full scale offensive.
This is a moment in which Democrats, for the sake of the country, must think in terms of the short term. They need to show that they are willing to unblock the points at which they do have a majority and put before the Congress the Democratic agenda that has been on the bipartisan back-burner for the past five years of obstruction. Before November 2014, the Democrats need to show that they can govern their side of the Congress and the Presidency. And that the GOP majority cannot govern the House. (Well, the GOP has already demonstrated that.)
January 2015 can be a time for a complete rewriting of the Senate rules, if Senate Democrats remain united (cough, Sen. Landrieu, Sen. Manchin) and shove a stream of popular legislation at the House.
They should go nuclear and rapidly confirm a full complement of judges and Presidential appointments that have been left hanging for years. This is the time that Democrats get to fill the courts with liberal and progressive judges; they pass up this opportunity at the country’s peril.
The GOP is baiting them because the GOP leadership plans to talk about the outrage and seizure of power of departing from the tradition of the filibuster. I think that Harry Reid over the past six and a half years has demonstrated his bipartisan bona fides enough to overcome this spin.
I’m confused about the whole Senate procedure issue. I appreciate every single post you publish and all the comments. The only thing I can say is that I’d like a talking filibuster like Texas gave Wendy. I think it was no food or drink, no bathroom break, couldn’t lean on the lectern and had to be on topic.
Even though the GOP Senate has been blocking necessary appointments before, this feels like a set up to me. Ryan dropped his budget off, said no new revenues and went on vacation. Looks like they are setting up a GOP shut down. The GOP thinks they are getting cover because of ObamaCare implementation. The GOP Senate is thumbing their noses at the Dems double daring them to do something about the filibuster so they can raise a stink. There may be maximum confusion because of the noise about ObamaCare but I’d like Senate Dems to wait until the 11/5 elections are over and then pull the bandage off that wound quickly and get it over with. Then start getting some work done. The GOP will squeal and flail around no matter what happens.
Voters have short memories. There is plenty of time before the Midterms to go forward. The problems with the ACA website and the dropping of premiums going on now is a one-time thing and it will be resolved.
I want to see the government function again and appointments filled. The GOP is at war with this country and Democrats. There are two fronts. I think we have to face that and deal with it. Getting government and the judicial system functioning is one front with appointments filled and good legislation passing.
The other front is in our hands: registering Democrats, getting them IDs if needed and GOTV. There are elections going on this week that will make a big difference. A blue Virginia is a state that will have fair voting laws and accurate implementation of ObamaCare.
We can also shine a light on what the GOP is doing by making it public, tell Media when we want better coverage and contact our congress people.
There’s a GOP civil war going on. I personally would like to see them crushed like a bug.
The Republican position on these D.C. Court appointments is extraordinarily weak. Chief Justice Roberts (not a liberal!) agrees with the President and Senate Democrats that the open D.C. seats must be filled.
And this week’s decision by the D.C. Court helps us explain to the public the consequences of this historically aberrational position. When D.C. judges decide that a private employer can violate the ACA and make a personal decision to deny contraceptive medications as part of their employees’ health plans, it is remarkably easy to describe that as a radical decision by a radicalized D.C. Court. It’s no longer a academic exercise to describe what might be the future consequence of allowing radical Republicans to maintain effective hegemony over the D.C. Court.
Part of the messaging the Democrats should bring is that nearly half of doctors’ prescriptions for contraceptives are intended to treat women’s health issues outside of family planning, so this Court decision is an explicit attack on equal rights to health care access, an explicit goal of the ACA.
Republicans have only held the Presidency for 8 of the last 21 years; by end of Obama’s Presidency it will be 8 of the last 24. Americans’ votes have expressed that they no longer wish to be controlled by radical conservative judges. This needs to end, and if the Republicans cannot be made through a quick and comprehensive messaging campaign by the President and Reid’s leadership team to back off of this weak position, the filibuster rules will need to be changed. That messaging campaign needs to take place, though; otherwise filibuster reform will become an obscure parliamentary rules change which will be described by a wired-for-modern-Republicans media as the latest salvo in the Both Sides Do It narrative.
Nuclear = Really good power source , but we are too stupid to use it 🙂
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