Friday, October 07, 2005

Ok, now the couter arguments on Miers

Since I've proven, via unassailable logic applied to the undisputed evidence, that Miers was a bad nomination, I could rest on my laurels. Instead, I'll rebut the only meaningful counter-argument:

(1) Luttig, Owen, Jones, Brown, McConnell, Alito, etc. are not confirmable.

Hogwash. Here is how it would go if Bush nominated anyone on the above list. All nine Republican senators on the judiciary committee not named Arlen would vote for the nominee. If the nominee had ever stated the opinion in public that Roe v. Wade was wrongly decided, or said so in the confirmation hearings (which question I think every nominee should answer), Arlen would consider voting against that nominee. Then, the other senate Repulicans would tell Arlen that he could kiss his chairmanship goodbye, and his judiciary committee position goodbye, if he did so. They would patiently explain that if Arlen did not want to vote to confirm the nominee, he at least should give the nominee a chance for an up or down vote on the entire senate floor.

Arlen would either vote for or against the nominee in committee. If he votes against, the vote would be 9-9. Arlen gets booted. A reliable Republican senator replaces him. Bush renominates the same person or the committee re-votes. The reconstituted committee votes 10-8 to send the nominee to the senate floor. If Arlen votes in favor, the nominee goes before the senate floor.

On the senate floor, the Democrats filibuster. Frist need convince only 2 of the seven Republicans on the gang of 14 - Lindsey Graham, John McCain (sorry, there is no way he would support a filibuster if he had any thought of winning the Republican nomination for President in 2008) - to change the Senate rules. Cheney breaks a 50-50 tie. Bye bye filibuster. The full Senate then votes for cloture. The full senate confirms the nominee.



Blogger Director Mitch said...

You're smoking something, or just don't understand politics.

Let's take the LOWER court nominees that Bush couldn't get through, thanks to the spineless republicans in the Senate. He had to resort to recess appointments.

Since he had to do this for LOWER courts, do you really think the RINOs in the Senate would really go to bat for him? Bull#($* that Snowe, McCaine, and the other RINOs wouldn't vote for a true conservative. They have shown time and time again that they won't.

5:23 PM  
Blogger Ben said...

That's because lower court nominees are not high profile. The Supreme Court is. The Republican base is highly, Highly, HIGHLY motivated to get a real originalist to replace O'Connor. It is simply not possible for the public not to notice that there is a vacancy on the Supreme Court. Moreover, it is not possible to delay confirmation hearings for 1-2 years like what happened to, say, Janice Rogers Brown. Under the national spotlight, the RINOs will be put to the test knowing that this issue got Daschle booted and any Republican opponent in the next primary would have HUGE national fundraising support and a HIGHLY motivated core of volunteeers. RINOs will cave to their base. They have to.

10:53 AM  
Blogger Justin Levine said...

I believe that the Senate rules hold that a Supreme Court nominee can't be killed in committee. Even if the Senate Judicary Committee votes against a nominee 18-0, it still gets discharged to the full Senate floor. The only procedural moves available to kill a Supreme Court nominee are the full-on fillubuster or to have the Judiciary Committee delay the hearings themselves for so long that it effectively kills the nomination.

11:54 PM  

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