The recent rounds of Democratic filibusters in the U.S. Senate aren’t exactly reminiscent of Jimmy Stewart in "Mr. Smith Goes to Washington," considering they are based on party politics and differences with judicial nominees, not fat-cat politicians.
But President Bush and Senate Republicans should learn from past presidents and compromise before nominees ever come before the Senate, circumventing the possibility of a filibuster and allowing the senators to do their jobs.
Mud has flown from both sides of the aisle regarding this issue. Republicans have been doing a bang-up job trumping up charges of partisan politics and unconstitutionality, even claiming Democrats are promoting an "anti-Catholic" agenda by opposing the nomination for the U.S. Appeals Court of Alabama Attorney General William H. Pryor, a devout Catholic. Meanwhile, the Democrats have been dancing around their politically motivated agenda with claims of unanswered questions and arrogance.
The filibuster — a tactic for obstructing Senate action by making long speeches — isn’t unconstitutional. The term isn’t even in the Constitution. It is one of the last exercises of power a minority can have in the Senate.
But these filibusters are a waste of valuable time that could be spent debating other, more important issues. The federal court system has a 15 percent vacancy rate, and Bush is trying to fill as many posts as he can. The problem lies not with Bush’s effort to fill the courts with judges, but with the judges he’s trying to fill them with.
According to the Constitution, the president has the power to appoint judicial nominees "with advice and consent of the Senate." By refusing to consult Democratic senators before he nominates judges, Bush is ignoring the word advice. The courts are supposed to be filled with people who can check their agendas at the door and be broadly representative of the American populace, and Bush’s nominees haven’t convinced the Democrats that they will do either.
President Clinton was warned by Senate Republicans that they would filibuster any nominee who was too liberal, so he compromised and nominated judges who were just moderate enough for Republicans. Sen. Orrin Hatch (R-Utah) even advised Clinton to nominate Ruth Bader Ginsburg and Stephen Breyer for Supreme Court positions, and both wound up with seats on the bench.
Bush should avoid unnecessary political battles and follow Clinton’s lead. He should consult Senate Democratic leadership and nominate judges that both sides can support.
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