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To: Sully- who wrote (10778)5/24/2005 7:38:03 PM
From: Sully-  Read Replies (1) | Respond to of 35834
 
DON'T TURN A VICTORY INTO A DEFEAT

John Podhoretz
The Corner

In the real world of real politics, there are -- there must be -- compromises. It is a necessary part of politics that there be those who believe all compromise is evil, because such people give backbone to the compromisers -- and scare the tar out of them. The compromise deal averting the filibuster showdown is a victory for the majority and for the Republicans. It is not a wipeout. It is not a rout. And for the two judge candidates who may have been sacrificed, it really really stinks.

But what happened last night is very important. It breaks the Democratic logjam on circuit-court nominees. It establishes the principle that conservative judges have every right to serve on the higher benches even if Democrats can't stand it. And it means that if Republicans have to break the filibuster to ensure an up-or-down vote on a Supreme Court justice, they will have a very strong argument indeed. The argument will be that they are breaking the filibuster out of respect for the tradition that says the choices for the highest court must be advised and consented to by the full Senate. And all this was done without a major conflagration, which is (despite our hunger for major political melodrama) always preferable.


nationalreview.com



To: Sully- who wrote (10778)5/26/2005 8:21:59 AM
From: Sully-  Respond to of 35834
 
THE MEANING OF 'MAINSTREAM'

By MARK GOLDBLATT
New York Post
May 26, 2005

IN the just-ended fight over filibustering judicial nominees, the Senate gave us something new: defining extremism leftward. Judges whose views Democrats would once have regarded as merely conservative are now seen as right-wing extremists — or, to use the phrase that keeps coming up in the current Senate debate, "out of the mainstream."

But what does the phrase mean?

From Democrats' recent public statements, it seems to mean the following: Judges who would uphold a state's ban on gay marriage are out of the mainstream; judges who would rule that parents should be notified before their underage daughter has an abortion are out of the mainstream; judges who would question the wisdom of affirmative action are out of the mainstream.

Yet each of these positions is well within the mainstream of popular opinion — indeed, each arguably represents the view of a majority of Americans.

What might an actual extremist look like? A judge ruled who not just to uphold a state's ban gay marriage but to re-criminalize acts of sodomy, perhaps. Or one who ruled not just to allow legislative restrictions of abortion, but to ban abortions outright, by judicial fiat. If a judge ruled not just to disregard race in college admissions but to re-establish separate-but-equal schools, that would be out of the mainstream.

None of President Bush's judicial nominees is an extremist — or even close
.

Ruth Bader Ginsburg, nominated by President Clinton for the Supreme Court in 1993 and confirmed by the Senate 96-3, once proposed the abolition of Mother's and Father's Day in favor of a unisex Parent's Day; she also once called for co-ed prisons and speculated that prostitution and polygamy might be rights guaranteed under the Constitution. Yet none of that put her "out of the mainstream" in the eyes of an overwhelming majority of Republican senators.

The Democrats who were filibustering President Bush's judicial nominees were seeking, in effect, to define extremism leftward. Coming from a minority party, this was pure hubris. Should it ever happen again, Republicans must not compromise. If the so-called "nuclear option" is required to re-orient Senate debate, and also to remind Democrats why they keep losing elections, so be it.


nypost.com



To: Sully- who wrote (10778)5/26/2005 9:35:23 AM
From: Sully-  Respond to of 35834
 
the Coalition of the Chillin'...

decision08

For further evidence that the Coalition is on the right path, read this piece in the New Republic (free registration required - and the hat tip to RealClearPolitics). I quote:

<<<

The filibuster still holds, for the moment. But allowing the confirmation of three radical Bush nominees -- Priscilla Owen, Janice Rogers Brown, and William Pryor -- in exchange for a Democratic promise to filibuster only in "extraordinary circumstances" created a false equivalence between the extremity of the GOP's approach and the Democrats' simple adherence to Senate rules.

Moreover, when the filibuster fight comes to a head again--as it will--the Democrats' task will be made all the more difficult not only by the need to demonstrate "extraordinary circumstances", but by the implication that the three Bush nominees the deal effectively confirmed, whom the liberal establishment treated as something close to worst-case picks, did not constitute "extraordinary circumstances". That sets the bar awfully high. (Even some conservatives have fretted over Brown's onetime suggestion that she observes a higher law than the Constitution.) Furthermore, what happens should Bush choose one of these three to fill the next Supreme Court vacancy?

The answers to these questions all seem to favor the Republicans...
>>>

decision08.blogspot.com

tnr.com

realclearpolitics.com



To: Sully- who wrote (10778)5/27/2005 5:32:29 PM
From: Sully-  Respond to of 35834
 
Defending the Constitution

By Bill Frist
The Washington Times
Opinion/Editorial

The following are excerpts from the speech given by Senate Majority Leader Bill Frist at Wednesday evening's GOPAC dinner:

"The confrontation over judicial filibusters is the single greatest constitutional issue the Senate will debate in our lifetimes. The outcome will determine who is appointed to dozens of vacancies on appeals courts. It will also affect the appointment of one or two or as many as three justices to the Supreme Court.

Those are high stakes. The judges who fill those seats will have a major impact on American jurisprudence for the next 20, 30, 40 years. They will profoundly shape our nation's body of laws.

But as consequential as that is, as much as we are a nation of laws, we also have a system of government. It is a system of government that has been the world's envy for more than two centuries. That too is at stake in this debate.

Let me explain. This debate involves the relationship between the Senate and the presidency, and the relationship between the Senate and the courts. It also involves the relationship between the majority and minority parties within the Senate itself.

The Senate debates many consequential issues every year. But no other debate touches upon the grand institutions of American democracy like this one.

The president has the constitutional duty to nominate — and with the advice and consent of the Senate — appoint judges. The confirmation of a judicial nominee requires the support of a majority of senators — usually 51 votes. That is not a partisan statement. It is a statement of fact. It is clear in the Constitution. And it is the practice the Senate followed for 214 years.

But the Democrats decided to abandon that practice in the last Congress. They decided to rewrite the Constitution. They demanded a super majority vote — not 51 votes, but 60 votes — to confirm a judicial nominee. And they launched a leadership-led, partisan campaign of judicial obstruction by filibuster.

Their goal was to deny nominees who didn't ascribe to a liberal activist agenda. With the judicial filibuster as their tool, a minority of senators vetoed 10 of the President's judicial nominees. This judicial obstruction was unprecedented.

It was a radical and dangerous departure. It realigned the separation of powers between our three branches of government. It undermined the checks and balances as designed in the Constitution. It denied 100 senators their right to advise and consent. It threatened the fairness and independence of the federal judiciary. And it thwarted the democratically expressed will of the American people.

No leader of principle — regardless of party — can let such obstruction stand. And let me say: no matter the price I pay, I won't let judicial obstruction stand.

I will stand on principle. And I will hold to it.

The principle is simple. It's straight forward. It's unequivocal. It doesn't require a cartoon character named Phil A. Buster to explain it. It is the principle that every judicial nominee that comes to the Senate floor deserves a fair up-or-down vote.

Debate the nominee. Then vote. Vote yes. Vote no. Confirm the nominee. Reject the nominee. But give the nominee the courtesy the respect the decency the dignity the fairness of a vote. That's it.

It is so crystal clear to me. That's the way the Framers designed the Senate to work. That's the way the Senate worked for 214 years. That's the way the Senate should work today and in the future. And I know this may not be the right time to say this. And I know some of you may disagree. But judicial nominees that come to the floor deserve up-or-down votes regardless of which party controls the White House or the Senate.

I love my party. I'm loyal to it. But I put my hand on the Bible and took an oath to the Constitution.

The overwhelming majority of my Republican colleagues have held to this principle of an up-or-down vote. And I'm so proud of them. They showed such courage. Because we defined the Constitutional Option Because we said we would use it Because we set a date to use it Because we were determined to use it.

We exposed the judicial filibuster for what it is — an utterly ideological power grab by the other party. We exposed it as a tool for the minority to deny judicial nominees who don't fit their liberal activist agenda. We exposed it as a tyranny of the minority.

Now a few of my Republican colleagues — 7 to be exact — felt that not changing the institution in any way was more important than ending judicial filibusters. Never mind the minority in the last Congress radically altered the institution with its judicial filibusters. Still, it is their right as individual and independent senators to come together on their own terms. But I was not a part of, nor do I endorse, their memorandum of understanding. It falls far short of the principle of up-or-down votes.

Priscilla Owen waited 4 years, 2 weeks, and 2 days for an up-or-down vote. She endured a brutal campaign of character assassination. Democrats called her "the worst of the worst" a "judicial activist" "immoderate" on the "far fringes of legal thinking" and a jurist "who will turn back the clock on protecting important constitutional rights."

I know Priscilla Owen. I know her qualifications. She is a kind, gentle, smart, qualified, highly capable jurist.

And I take great pride that today at 12:30 p.m. on the floor of the United States Senate she got an up-or-down vote.

Tonight Priscilla Owen is in Texas, and she's a federal judge. That's progress.

But it doesn't guarantee the principle of fair up-or-down votes for future nominees. The Democrats still reserve the right to filibuster what they determine to be "extraordinary circumstances." My question is: how will they determine "extraordinary circumstances?"

Will Harry Reid and Dick Durbin and Chuck Schumer sit in the Democratic Cloak Room and take turns reading a Magic Eight Ball? Will Brett Kavanaugh get an up-or-down vote? The Magic Eight Ball says: "Don't count on it." Will Henry Saad get an up-or-down vote? The Magic Eight Ball says: "Not very likely." Will William Myers get an up-or-down vote? The Magic Eight Ball says: "Better not tell you."

So let me say this: Senate Republicans reserve the right to use the Constitutional Option. And we've demonstrated, if necessary, we will not hesitate to use it. We have the votes to use the Constitutional Option.

If the Democrats' campaign of judicial obstruction returns, we will not allow the Constitution to be sacrificed. We will hold to principle and ensure up-or-down votes for judicial nominees.

The Senate is an extraordinary place. There is no legislative body like it in the world. And I appreciate those who want to keep the institution just as is it. Like them, I honor the institution. Like them, I respect the institution. Like them, I love the institution. But senators serve the American people. We take an oath to the Constitution. If the Senate must change to protect the Constitution If the Senate must change to uphold the will of American people If the Senate must change to meet the challenges of the times in which we live Then the Senate must change.

It has, after all, changed often in its history. Democratic Senator Robert Byrd, when he was majority leader, used the Constitutional Option, not once, not twice, not three times, but four times.

So what have we learned during the last week? In what direction has the mere prospect of the Constitutional Option led us?

Without the Constitutional Option Without the willingness to use it Without the courage to hold to principle Judicial filibusters would have become a standard instrument of minority party policy. The minority would have adhered to the path it was on and the deal brokers would have had no deal to broker. And, most importantly, Priscilla Owen would not be a federal judge."


washtimes.com



To: Sully- who wrote (10778)5/28/2005 5:39:01 PM
From: Sully-  Respond to of 35834
 
The Bolton filibuster, the judges "deal," and media bias

Hugh Hewitt

Here's my World column on Monday's big deal.

Why didn't any of the major morning papers' accounts of the Democrats' decision to filibuster the John Bolton nomination reach for comment any of the seven Democrats who pledged a new era of cooperation on Monday night?
The Wall Street Journal (subscription required), The New York Times, The Washington Post, The Boston Globe and the Los Angeles Times all devote long stories to the Bolton filibuster, but not one of the Democratic seven who had promised a new era on Monday night could be found to explain why the new era ended so abruptly. Ohio Republican Mike DeWine could be located, and he was happy to offer an explanation for his Democratic colleagues that excused their vote (and of course explains his agreement Monday night):

"'It is unfortunate,' conceded Senator Mike DeWine, Republican of Ohio and a prominent member of the so-called Gang of 14 who drew up the judicial compromise. 'It is too bad. But the deal was on judges, not anything else.'"

Why is it that the Democrats were obviously trying hard to deny it was a filibuster, and the key Democrats could not be found, but DeWine would provide political cover? Could it be that the grifters' victim is embarrassed at being conned?

This AP report does not explain why two crucial appellate court nominations which were to have been voted on yesterday by the Judiciary Committee did not make it out of committee but two others did. There appears to be much more to the "deal" than has been reported. This isn't classified information, and usually the Hill leaks everything, so why can't even one reporter with that beat figure out who got tossed under the bus and who will get a vote? Or was the "deal" so ambiguous that nobody knows for sure?

news.yahoo.com


Now, sigh, to media bias.


The Washington Post, front page, first paragraph:

<<<

"Pentagon officials said yesterday that investigators have identified five incidents of military guards and an interrogator 'mishandling' the Koran at the U.S. detention facility at Guantanamo Bay, Cuba, but characterized the episodes as minor and said most occurred before specific rules on the treatment of Muslim holy items were issued."
>>>

The headline used on this story: "Pentagon Confirms Koran Incidents"

washingtonpost.com

E.J. Dionne, in a column titled "Assault on the Media" uses this Pentagon report to brand last week's criticisms of the Newsweek allegation that the Koran had been flushed down thee toilet as "the war on Newsweek."

"I write about it now," Dionne explains, "because of the new reports and because I fear that too many people in traditional journalism are becoming dangerously defensive in the face of a brilliantly conceived conservative attack on the independent media."

Dionne goes on to argue:

"Conservative academics have long attacked 'postmodernist' philosophies for questioning whether "truth" exists at all and claiming that what we take as 'truths' are merely 'narratives' woven around some ideological predisposition. Today's conservative activists have become the new postmodernists. They shift attention away from the truth or falsity of specific facts and allegations -- and move the discussion to the motives of the journalists and media organizations putting them forward."


Note that the accusation Dionne levels at "conservative activists" is exactly what he just done vis-a-vis the Newsweek story that led to riots that killed perhaps 17 people and which did damage to the American mission in Afghanistan and Iraq. The front page account noted that the Pentagon briefer, General Hood "took pains to deny a now-retracted report in Newsweek magazine's May 9 issue that said officials had confirmed a detainee's claim that a guard had flushed a Koran down a toilet." Dionne ignores that and indeed manipulates the briefing to defend Newsweek, thus "shifting attention away from the truth or falsity of the specific facts and allegations" of the Newsweek story, while moving "the discussion forward to the motives of the" Administration and conservative critics of Newsweek specifically and the media generally.

I am not surprised that Dionne tries to shift the focus from the first false report, the riots and the retraction to the new report, but I am surprised that he does so so nakedly and unpersuasively, revealing a whole bunch of projection as he goes about his lame counter-attack.

It isn't difficult to agree on a standard: Report facts, in their appropriate context, without attempting to push a story line or an anti-Administration narrative or anti-military bias of the sort Terry Moran admitted last week is deep within the MSM.

***

The Post's Dana Milbank, in an interview with me yesterday, provided the key to understanding the officials Beltway reporters like and those they don't. Milbank had just revealed to me that he voted for Chuck Hagel for president, and the exchange followed:

"HH: Who'd you vote for?

DM: I voted for Chuck Hagel.

HH: For president?

DM: I did. I wrote him in.

HH: Really?

DM: I did.

HH: Why?

DM: Well, I, you know, my executive editor, Len Downey, has this policy of not voting at all, you know, so he doesn't have to form that judgment in his own head. I don't go that far. I, you know, as I say, we...we should be capable of making judgments, so I...what I do is I write in a candidate that I think, regardless of who's actually in the race, who I'd think would make a terrific president.

HH: Why do you think Chuck Hagel would make a terrific president?

DM: Well, for one, you know, a strong military background. So I guess we can add that up against what my colleague Terry had to say. And then, you know, sort of an ability to work across the aisle. And also, he's just very candid and refreshing in the way McCain was, who I've also voted for in previous elections.

HH: Now, that ability to work across the aisle...a specific please. I followed Senator Hagel's career pretty closely, and it's not immediately occurring to me.

DM: Well, you know, actually, this past week, we have an instance where he talked a very good game on the judges, and then ultimately turned against...

HH: But there must be something there where he worked across the aisle that sticks in your...

DM: Oh, sure. I mean we've seen it on, you know, on the tax issue. We've seen him standing up on a variety of health care issues, and the other half of what I'm talking about is sort of the candor factor in which he's said, look. You know, we made mistakes in Iraq, we didn't go in with enough troops, being willing to step away from the party line.

HH: Now, is it possible that as a journalist, you prefer elected officials who embrace those qualities that make your life easiest, and give you leads, and have candor, and you know...

DM: Oh, no question about it.

HH: And so, McCain, Hagel, and anyone who'll let you guys on the bus, are going to get a boost from you people.

DM: Oh, yea. No, No. In fact, that was a major theme of Smashmouth.

HH: I remember that now.

DM: We're just suckers for somebody who'll be nice to us."

This isn't complicated stuff. Dionne, Milbank, a thousand other big names and worker bees in MSM like the people who build them up, and dislike the people who treat them like they treat every other citizen. What it would take, a tractor to pull out of Milbank is the admission that his love for Hagel or McCain colors his reporting of them or his reporting of Bush?

The fact --the fact-- is that the vast majority of the public believes that the media's bias affects its collective reporting because they understand that their own likes and dislikes affect their own perceptions. Common human experience tells us that the idea of an iron-willed objectivity on the part of MSM is just a story they tell themselves at seminars. Insisting on their objectivity is every day a new reason to doubt it. The antidote to media hostility --the real and deep sort, not the sort alleged by Dionne to have been invented by "conservative activists" (who I guess made Mary Mapes do it and Dan Rather read it)-- is transparency of belief, not the cagey denial of belief's importance.

radioblogger.com
***

Victor Davis Hanson begins his column today at NRO with a reference to Pepsico President Indira Nooyi's "middle finger" speech, which had to be explained to the reader because the vast majority of them will not have heard about the speech via any MSM outlet. Not that the MSM is biased in its story selection or anything.

nationalreview.com
hughhewitt.com



To: Sully- who wrote (10778)5/29/2005 2:30:27 AM
From: Sully-  Respond to of 35834
 
How Democrats Define Comity

By Captain Ed on Judiciary
Captain's Quarters

The AP's David Espo gets behind the scenes in the hours after the announcement of the compromise on judicial confirmations that the Gang of 14 heralded as a new era of Senate comity. Far from an emergent period of truce and trust, Espo reports that Harry Reid and the Democrats immediately began planning the exploitation of the pact to their advantage even as the indulgent backslapping still echoed in the hallways:

<<<

The signatures of 14 Senate centrists, seven from each party, spilled across the last page of a hard-won compromise on President Bush's judicial nominees. But whatever elation the negotiators felt, the Senate's Democratic leader did not share it.

In the privacy of his Capitol office last Monday night, Sen. Harry Reid, D-Nev., asked for commitments from six Democrats fresh from the talks. Would they pledge to support filibusters against Brett Kavanaugh and William Haynes, two nominees not specifically covered by the pact with Republicans?

Some of the Democrats agreed. At least one, Sen. Ben Nelson of Nebraska, declined.

Details of Reid's attempt to kill the two nominations within minutes of the agreement, as well as other events during this tumultuous time, were obtained by The Associated Press in interviews with senators and aides in both parties. They spoke on condition of anonymity, citing confidentiality pledges.
>>>

It didn't take more than a few minutes for Reid to read between the lines of the MOU to see how to exploit it. In that, one has to give him a tip of the hat; he instinctively knew what seven Republicans couldn't grasp with two hands and a map. It also tells us that the rest of Bush's nominees have no chance of making it to a floor vote, not without going back to the Byrd option.

Pathetic.


UPDATE: Forgot to tip my hat to CQ reader Katy W for this one.

captainsquartersblog.com

news.yahoo.com



To: Sully- who wrote (10778)5/29/2005 8:57:25 PM
From: Sully-  Respond to of 35834
 
Behind the Scenes of the Capitulation

By Patterico on Judiciary
Patterico's Pontifications

The AP has a fascinating story that sheds more light on the filibuster capitulation, including who will be thrown under the bus next:

<<<

In the privacy of his Capitol office last Monday night, Sen. Harry Reid, D-Nev., asked for commitments from six Democrats fresh from the talks. Would they pledge to support filibusters against Brett Kavanaugh and William Haynes, two nominees not specifically covered by the pact with Republicans?

Some of the Democrats agreed. At least one, Sen. Ben Nelson of Nebraska, declined.
>>>

This occurred just minutes after the deal was finalized. Later in the story, it appears that at least five of the seven Democrats agreed to filibuster Kavanaugh and Haynes:


<<<

Reid asked Democrats to support filibusters against both Kavanaugh and Haynes.

Nelson declined. Several participants in the meeting said the others agreed, although Landrieu said Friday through a spokesman that she had not. Reid’s spokesman declined comment.
>>>

The story makes it fairly clear that, while many Senators had input into the negotiations, Frist was not driving this, as a recent Fox News story suggested.

It also makes it pretty clear that there will be more filibusters very soon. My only consolation will be that I will be able to drown my sorrows with a bottle of wine bought for me by Paul Deignan.


patterico.com

hosted.ap.org

patterico.com

patterico.com



To: Sully- who wrote (10778)6/7/2005 6:25:47 PM
From: Sully-  Respond to of 35834
 
All over but the shouting

Power Line

The Senate has voted 65-32 to end debate on the nomination of Judge Janice Rogers Brown for the D.C. Circuit Court of Appeals. This, of course, clears the way for her confirmation.


powerlineblog.com



To: Sully- who wrote (10778)6/9/2005 7:43:41 PM
From: Sully-  Respond to of 35834
 
Confirmed

By Jayson
PoliPundit.com

Two more of Dubya’s judicial nominees against whom filibusters previously were made – David McKeague and Richard Griffin – were confirmed to the U.S. Court of Appeals.

That follows Priscilla Owen’s, Janice Rogers Brown’s, and William Pryor’s respective confirmations.

Next up on the agenda: More federal judges, additional tort reforms, tax reforms, energy policy reforms, and, yeah, the initial stages of what likely will be a 10 to 15-year process substantially to reform the “third rail of American politics.”

Elections do matter.

polipundit.com



To: Sully- who wrote (10778)6/10/2005 7:00:06 PM
From: Sully-  Respond to of 35834
 
Filibuster deal not so bad after all

Insider Politics Blog
The Washington Times

Suddenly it looks like the Senate’s anti-filibuster deal by the Gang of 14 was a bad move for the Democrats and a clever way of getting some of President Bush’s judicial nominees confirmed and on the Appeals Court.

About half a dozen — and likely many more — of Mr. Bush’s nominees were never going to see the light of day while the Democrats had 60 votes to prevent an up or down vote on any of them. Senate Majority Leader Bill Frist was pushing a rules change to forever end filibusters against judicial nominees, and it appeared that he had the votes to do that until seven Republicans and seven Democrats hashed out an agreement to allow votes on nearly half a dozen nominees and possibly more. That undercut Mr. Frist’s rules change efforts. The media spun the story as a victory for Democrats and a defeat for Mr. Frist and the White House

But it looks like, for the time being at least, that the deal actually knocked down the Berlin Wall of obstruction that the Democrats had erected to prevent any of Mr. Bush’s conservative judicial nominees from getting on the Appeals Court.

In a rush of consecutive votes, rapidly escalated by Mr. Frist to take advantage of the Gang of 14’s agreement, the Senate has confirmed Priscilla Owen of Texas, Janice Rogers Brown of California and Alabama Attorney General William Pryor. Then came the surprisingly swift approval of two more nominees, Michigan Appeals Court Judge Richard Griffin and District Judge David W. McKeague, who were unanimously confirmed to sit on the 6th Circuit Court of Appeals.

Several more judges are expected to be approved. Before this is over, they will clearly tilt the Appeal Court’s judiciary in a distinctly more conservative direction for many years to come.

The deal cooked up by the Gang of 14 said that future filibusters could occur, though only under “extraordinary” circumstances. But two of the Republican senators who were part of the deal, Ohio’s Mike DeWine and South Carolina’s Lindsey Graham, have made it clear that they will vote to implement Mr. Frist’s rules change if the Democrats attempt to filibuster future nominees. That would give Frist the 50 votes he needs, along with Vice President Dick Cheney, to pass his motion that now sits on his desk, ready to be called up at a moment’s notice to override any Democratic efforts to block other judges.

Looking back over the results, nothing would have happened to break the logjam if Mr. Frist had not proposed his “nuclear option.” Just the threat of using it broke seven Democratic votes away from the “just say no” Democrats, who saw their filibuster wall collapse long enough to put more of Mr. Bush’s nominees on the bench.

From where I sit, the Democrats lost a big battle in the ongoing judicial war, and America’s court system gained some hardcore conservative judges.

— Donald Lambro, chief political correspondent

blogs.washingtontimes.com



To: Sully- who wrote (10778)6/12/2005 12:58:13 AM
From: Sully-  Respond to of 35834
 
"What I would like to know is what lives the Senate saved
through the filibuster? What overarching principle has the
filibuster ever protected that would counter the cost of the
innumerable victims of lynching that the filibuster allowed?"

You Mean The Filibuster Isn't The Center Of The Republic? (Updates Galore)

By Captain Ed on National Politics
Captain's Quarters

The Senate will debate whether to apologize for its role in blocking federal intervention in the quaint Southern tradition of lynching, in part by using the filibuster to block legislation making such vigilante murders a federal civil-rights offense. The Washington Post digs into its archives to reprint part of an 1894 report of the lynching of Stephen Williams, accused of "manhandling" a white woman -- the usual but hardly the only excuse for such murders -- and then notes that the Senate had three explicit opportunities to stop the practice:

<<<

At the time, there was no federal law against lynching, and most states refused to prosecute white men for killing black people. The U.S. House of Representatives, responding to pleas from presidents and civil rights groups, three times agreed to make the crime a federal offense. Each time, though, the measure died in the Senate at the hands of powerful southern lawmakers using the filibuster.
The Senate is set to correct that wrong Monday, when its members will vote on a resolution to apologize for the failure to enact an anti-lynching law first proposed 105 years ago. ...

Mob killings were often carnival-like events, attended by men, women and children who were not afraid of facing legal consequences, said Lawrence Guyot, 66, a Washington educator and civil rights activist.

Refreshments were sold. Trains made special trips to lynching sites. Schools and businesses closed to give people a chance to attend. Newspapers ran ads announcing locations and times. Corpses were displayed for days. Victims' ears, fingers and toes were taken as souvenirs, as well as parts of the ropes that hanged them.

"Lynching was the socially acceptable way to demonstrate control," Guyot said. "It sent a message that not only did this happen to this person, but if you as a black person thought about stepping outside of our racial code, it can happen to you. We want it to be public. We want everybody to see it. We want the body to stay up there as long as possible and all the gory details to be known."

Much of America, though, was revolted by the practice.

Some white writers, notably Mark Twain, railed against it. Two leading civil rights groups, the NAACP and B'nai B'rith's Anti-Defamation League, sprang up in part to counter lynching. Black journalist Ida B. Wells-Barnett devoted her career to ending lynching. Seven presidents, starting with Benjamin Harrison in 1891, argued for making it a federal offense.

None of this swayed the Senate, where southern lawmakers insisted that a federal law would intrude on states' rights. One debate tied up the Senate for a total of six weeks in 1937 and 1938, and supporters were never able to break the filibuster.
>>>

That's what made the recent debate over the use of the filibuster such a tragic joke. Having Senator Robert Byrd, a former KKK recruiter, get up in the well of the Senate and lecture the GOP and the nation that ending the filibuster presented a danger to the Republic amounted to historical revisionism of the worst kind. While Harry Reid talked about Mr. Smith Goes To Washington (one of Frank Capra's worst and most idiotically idealistic films), the real, non-Hollywood Senate used the filibuster to ensure and to tacitly endorse the racial control that lynching provided. It isn't too far of a stretch to call it Southern terrorism.

Thanks to racists like Byrd, that tradition of filibustering continues today. In fact, Byrd (who isn't even mentioned in this article) filibustered the original Civil Rights Act in 1964, eating up 14 hours of debate before his own caucus finally put an end to his embarrassing display. It is a practice that allows the entire democratic process of the United States to be held hostage by a minority, even if it now requires a larger minority than before the rule changes which eliminated the need for continuous speechmaking.

Forget Capra films and Jimmy Stewart railing from a Hollywood set about corruption. This is the true legacy and historical purpose of the filibuster. Shame on those Senators who lined up next to Robert Byrd and proclaimed that protecting this rule from modification amounted to "saving the Republic". That ghoulish statement offended the ghosts of the people who met death at the hands of mobs while the Senate found itself held hostage to racist sympathizers who used that procedure to stop a nation from putting an end to that outrageous and disgusting practice.

The Senate has the right to set its own rules, including the filibuster for its internal processes, including legislation. That doesn't make the practice glorious or righteous. If the Senate wanted to truly make amends for its transgressions, it would eliminate the procedure that kept the nooses in play for decades without fear of prosecution.

ADDENDUM and BUMP: I'm putting this on top for the morning. The more I think about this story, the more incensed I become. The Gang of Fourteen stood in front of the American people and proclaimed that rescuing the filibuster amount to "saving the Republic", and the other thirteen stood there and endorsed that point of view from Robert Byrd, of all people.

What I would like to know is what lives the Senate saved through the filibuster? What overarching principle has the filibuster ever protected that would counter the cost of the innumerable victims of lynching that the filibuster allowed? The only principle the filibuster has ever protected, as far as I see, is naked partisanship and in the case of lynching, racial oppression and terror. And yet, these same modern-day Senators stood with a man who used the filibuster to keep blacks from voting and justified its use against confirming judges to the appellate court. That includes one nominee, Janice Rogers Brown, whose family suffered under the threat and terror of lynching because of the same filibuster the Democrats used to keep her from her bench assignment. That isn't ironic; it's morally depraved.

The despicable nature of that ploy has yet to be fully argued. Perhaps this latest effort to give the proper historical perspective to the filibuster will awaken the American people to its true use in our history to extend terror and oppression, and finally force the Senate to disavow the antidemocratic procedure that has been stained with the blood of hundreds, if not thousands, of victims that the Senate could have saved.

UPDATE: Two bloggers believe that I go too far. Decision '08 lets me off the hook easy; the Commissar doesn't. Read both; you decide.
decision08.blogspot.com
acepilots.com

UPDATE AGAIN: Neither does Beth.
bamapachyderm.com

Perhaps I should refrain from blogging when I get pissed off ... but if you read this carefully, you will not see me calling the Gang of 14 lynchers or racists. Their self-aggrandizing rhetoric about saving the Republic, especially coming from the only member of the Senate to have filibustered the Civil Rights Act and vote against both black Supreme Court justices, is something I find appalling considering the history of how the Senate has used the filibuster in the past. And given that history, its use in keeping Brown off the appellate bench -- given her childhood and its relation to the lynching that the filibuster allowed to continue -- is particularly repellent. And I'm still waiting for an example of some greater good accomplished by the filibuster that makes up for all of its victims.

On the other hand, at least the compromise resolved that particular injustice, which may be the only positive aspect of it from either a Constitutional or historical point of view. I'm mindful of Beth's admonitions, but as the Post article shows, you can't talk about the filibuster in honest terms without pointing out its application in keeping the federal government from interceding on behalf of black Americans for decades. Next time, I'll try to temper my irritation before I post.

UPDATE IV: I'm going to let the trackbacks handle most of the criticism I'm getting on this post, but I want to note that the phrase "quaint Southern tradition" is unfair; lynching was a "quaint American tradition", as a number of people have told me via e-mail and comments, including a few here in the Upper Midwest. Six Meat Buffet weighs in on that and a few other points. And when Beth, Preston, and Rick tell you you're drunk ... well, it might be time to give the keys up for the evening.

captainsquartersblog.com

washingtonpost.com



To: Sully- who wrote (10778)6/12/2005 7:05:25 PM
From: Sully-  Read Replies (3) | Respond to of 35834
 
This is the real legacy of the filibuster.

Congress to Apologize for Lynching

Posted by James Joyner
Outside The Beltway

On Monday, the U.S. Senate will pass a resolution apologizing for not having done more to prevent nearly 5000 lynchings of black Americans between 1882 and 1968.


<<<

Repairing Senate's Record on Lynching (WaPo, A1)

[...] a black man named Stephen Williams, accused of manhandling a white woman, was beaten and hanged about 3 in the morning on Oct. 20, 1894. A masked mob snatched him from his jail cell and dragged him as he pleaded for his life. "When the Marlboro bridge was reached the rope was quickly tied to the railing and amid piteous groans Williams was hurled into eternity," The Washington Post reported.

At the time, there was no federal law against lynching, and most states refused to prosecute white men for killing black people. The U.S. House of Representatives, responding to pleas from presidents and civil rights groups, three times agreed to make the crime a federal offense. Each time, though, the measure died in the Senate at the hands of powerful southern lawmakers using the filibuster.

The Senate is set to correct that wrong Monday, when its members will vote on a resolution to apologize for the failure to enact an anti-lynching law first proposed 105 years ago. "The apology is long overdue," said Sen. George Allen (R-Va.), who is sponsoring the resolution with Sen. Mary Landrieu (D-La.). "Our history does include times when we failed to protect individual freedom and rights." The Senate's action comes amid a series of conciliatory efforts nationwide that include reopening investigations and prosecutions in Mississippi. Advocates say the vote would mark the first time Congress has apologized for the nation's treatment of African Americans.

Allen's involvement could help mend his rift with black Virginians who criticized him for hanging a noose outside his law office, displaying a Confederate flag in his home and proclaiming a Confederate History Month while governor. Landrieu said she was motivated to propose the bill after seeing the book "Without Sanctuary: Lynching Photography in America," a collection of postcards taken at lynching scenes. "The intensity and impact of the pictures tell a story . . . that written words failed to convey," Landrieu said. "It has been an extremely emotional, educational experience for me. And the more I learned, the more sure I became [about] the effort to pass this resolution."

Towns across America bear reminders of the shameful tradition that claimed 4,743 lives between 1882 and 1968, research shows. In Alexandria, a lamppost at Cameron and Lee streets served to lynch Joseph McCoy on April 23, 1897. In Annapolis, a bluff near College Creek was the site of Henry Davis's lynching four days before Christmas in 1906. Lynching also remains imbedded in the consciousness of African American families, some of whom can name an ancestor or a friend who fell prey to mob justice, often meted out with spectators watching and memorialized with postcards of the victims hanging or pieces of the ropes that had snapped their necks.
>>>

If this seemingly empty gesture will help ease the pain of one of the darkest aspects of American history, then I'm all for it. While I tend to agree with George Carlin that "symbols are for the symbol minded," sometimes these things actually matter to people.

That said, the fault for these 4,743 murders rests with the perpetrators of those crimes, not the U.S. Senate. Certainly, there were a fair number of racists in Congress who cared not a whit about the welfare of our black citizens. Still, until the 1950s, it was simply beyond the comprehension of most Americans that murders of citizens of a state by other citizens of the same state were somehow the business of Congress.

Yes, the 14th Amendment forbad states to "deny to any person within its jurisdiction the equal protection of the laws." Further, unlike any previous Amendment, it specified that, "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article." But it was not until the Civil Rights Act of 1964 that it was understood to mean that the federal government had a right to intervene in the absence of explicit discrimination by the state government. The fact that juries refused to convict whites for the murders of blacks, while unconscionable, was simply considered local business.

outsidethebeltway.com

washingtonpost.com



To: Sully- who wrote (10778)6/13/2005 8:13:40 PM
From: Sully-  Respond to of 35834
 
Not One Dime: The New Democratic Strategy

By Captain Ed on Judiciary
Captain's Quarters

For those who thought that the filibuster had been rendered nearly extinct for executive appointments, the Washington Times reports that the Democrats have instead reworked their PR campaign to present another rationale for restarting them. Rather than argue about "extremism" -- an argument that they lost on the merits -- Democrats will now produce endless requests for more documentation in an effort to convince Senators that the Democratic filibusters support Senatorial privilege:

<<<

The new filibusters are not based publicly on ideologies -- as with several of the nominees to the federal bench -- but on demands for additional information from the administration.

Already stalled under that strategy is John R. Bolton, Mr. Bush's pick to be ambassador to the United Nations.

Also, Democrats led by Sen. Edward M. Kennedy of Massachusetts stopped a federal appeals court nominee last week by demanding that more of his unpublished legal opinions be provided to them.

Mr. Bush nominated U.S. District Judge Terrence W. Boyle of North Carolina more than four years ago to the 4th U.S. Circuit Court of Appeals, based in Richmond. Judge Boyle had a hearing more than three months ago and has been scheduled numerous times for a Senate Judiciary Committee vote.

Last week, however, Democrats on the Judiciary Committee demanded that Judge Boyle's nomination wait another week and that the Bush administration produce more of his unpublished opinions. Committee Chairman Arlen Specter, Pennsylvania Republican, reluctantly agreed.
>>>

This is the hole in the compromise which allowed for filibusters under "extraordinary circumstances". The Democrats used this same strategy on Miguel Estrada, requesting his legal work product from the Clinton administration. Even though that request received loud criticism from the legal community as an unprecedented incursion on executive privilege -- from Democrats and Republicans alike -- the Senate Democrats continued to blockade Estrada with that excuse until he finally quit in disgust.

Now, instead of having to make arguments about the qualifications of nominees and complaints about their politics, which left Democrats open to charges about overly politicizing judicial confirmations, they will keep requesting more and more documents to stall nominations as long as possible. Once the White House draws the line on unnecessary disclosure, Senate Democrats will filibuster and claim that the action restores the balance between the executive and legislative branches. That argument will have more appeal to the centrists that formed the Gang of 14 to stop the GOP from ruling filibusters out of order on judicial nominations, or so the Democrats hope.

Unfortunately, they're probably correct. As the Bolton filibuster shows, the GOP haven't yet developed an effective response to this stall tactic, despite its earlier use on Estrada. It also shows the lack of good faith on behalf of the Democrats in embracing this supposed era of comity on nominations. The strategy should be to force the candidates out of committee by ignoring these frivolous requests, and then forcing the Democrats to use the filibuster in the open. Specter made a mistake giving in to Kennedy on Boyle's nomination; he should correct that as soon as possible and call for the committee vote immediately.

NOD logo update: I've received a number of outstanding designs for the campaign logo. As mentioned earlier, I'm accepting designs until the 15th, and then I'll start displaying them in a series of posts over the following few days. I'll put up a Pollhost poll for CQ readers to select the winners from five or so of the best, as selected by me. Thanks to everyone who contributed their creativity and talent!

captainsquartersblog.com

washingtontimes.com



To: Sully- who wrote (10778)6/14/2005 6:51:25 PM
From: Sully-  Respond to of 35834
 
Confirmed

By Jayson
PoliPundit.com

Yet another one of President Bush’s hard-core appellate nominees –
Thomas Griffith – has been confirmed.

The roll call was:

Democrats in favor = 20 (44%).
Republicans in favor = 53 (96%).
Not voting = 3.

Totals: 73-24-3, in favor.

Elections matter.

And if the GOP keeps winning elections – three more Hatches or five more Hagels – all lingering vestiges of leftism as national policy will be wiped out.

As they should be.

polipundit.com

senate.gov



To: Sully- who wrote (10778)6/25/2005 5:01:44 PM
From: Sully-  Respond to of 35834
 
This is all phoney posturing on the part of the Democrats so that they can
have a talking point to toss around with whomever Bush nominates.

Betsy's Page

Edward Whelan has a response for Democratic Senators who are demanding that Bush
consult with them before he nominates a Supreme Court justice. Whelan points out that
this is in bad faith since there is no conservative he could appoint that they'd find acceptable.

<<<

Senate Democrats have amply demonstrated that it would be pointless and counterproductive to confer with them.

President Bush has twice been elected on promises to appoint judges who have the jurisprudential views of Justices Scalia and Thomas. Democrats have shown for more than four years that they will resort to unprecedented measures to block such judges.


To consult with Democrats before making nominations — especially where the proposed consultation is so amorphous — would only give Democrats more fodder for their cannons. We told you, they will say, that Candidate X would be unacceptable.

There is, simply put, no sound judicial candidate whose nomination Democrats could be expected to pre-clear. As a body, on this matter Senate Democrats have adopted the extreme leftist perspective of Ted Kennedy. They want judicial nominees who will be their political allies, imposing through the courts what the Left cannot achieve through political processes.

Kennedy, it should be remembered, was one of nine Democrats who voted against the confirmation of David Souter to the Supreme Court in 1990. Deploying his full arsenal of clichés, Kennedy thundered that Souter had not demonstrated "a sufficient commitment to the core constitutional values at the heart of our democracy," had a "particularly troubling" record on civil rights, had made "reactionary arguments" contesting the extent of Congress's power, "was willing to defend the indefensible" (the use of literacy tests for voting), was not "genuinely concerned about the rights of women," had "alarming" responses on Roe v. Wade, and threatened "to turn back the clock on the historic progress of recent decades."
>>>

This is all phoney posturing on the part of the Democrats so that they can have a talking point to toss around with whomever Bush nominates.

UPDATE: Bradford Berenson is also very good on what a joke such "consultation" would be.

nationalreview.com

betsyspage.blogspot.com

nationalreview.com



To: Sully- who wrote (10778)10/22/2005 2:21:09 AM
From: Sully-  Respond to of 35834
 
Representative Sensenbrenner has introduced a bill to break up the 9th Circuit Court of Appeals.

Betsy's Page

This is a long overdue measure, but I doubt that the Democrats will allow this to pass while Bush is president. Consider, however, these statistics.

<<<

-- The Ninth has 47 judges, a figure that approaches twice the number of total judges of the next largest circuit.

-- The Ninth represents 56-million people, or roughly one- fifth of our nation's population. This is 25-million more people than the second largest circuit.

-- The Ninth encompasses nearly 40 percent of the geographic area of the United States.
>>>

In the past, Congress has been able to create new circuit courts or new judgeships even though that means that the sitting president would get to name new judges. I just don't think, in this environment, that the Democrats would let this pass. I smell filibuster.

betsyspage.blogspot.com

news.yahoo.com
providing_for_additional_federal_judgeships__realignment_of_ninth_circuit_court_of_appeals&printer=1