Legal Commentary

The Filibuster And The Supreme Court

By Big Tent Democrat

I was exchanging e-mails with Ed Whelan the other day (yes NRO's Ed Whelan) and I told him him that I would certainly defend the GOP Senate caucus' right to filibuster judges even though I would likely disagree with their criteria for doing so. Ed responded that he would criticize such GOP tactics. I'll do my part here. Via Steve Benen, GOP Senator Jon Kyl says:

Jon Kyl, the second-ranking Republican in the U.S. Senate, warned president-elect Barack Obama that he would filibuster U.S. Supreme Court appointments if those nominees were too liberal. . . . Kyl said if Obama goes with empathetic judges who do not base their decisions on the rule of law and legal precedents but instead the factors in each case, he would try to block those picks via filibuster.

That is absolutely the right of the GOP minority. This is their exercise of the Constitutional advise and consent role. While I disagree with their views on judges, they are Senators and have the right, even the duty, to exercise their Constitutional powers. Now what I want to know is what the Gang of 14 has to say aout this? And I expect to hear no objections to the Nuclear Option, (excuse me, I mean the I mean Constitutional Option from any Republicans now. I certainly will object to it. They can not without exposing their base hypocrisy.

By Big Tent Democrat, speaking for me only

Full post as published by TalkLeft on November 08, 2008 (boomark / email).