One step closer to going nuclear

Before Senate Republicans can set off the “nuclear option,” they’ll need a Dem filibuster. And before Dems can filibuster, they’ll need an unqualified nominee to reach the floor. Yesterday, we came one step closer to both.

The first of President Bush’s blocked judicial nominees advanced to the full Senate on Thursday, setting up a showdown over filibusters that could shut the Senate down. […]

The Judiciary Committee, on a 10-8 party-line vote, sent the nomination of former Interior lawyer William Myers for the 9th U.S. Circuit Court of Appeals to the full Senate for approval. The chamber is expected to consider the nomination after its Easter recess.

“The Myers nomination is likely to be used as the trigger for the nuclear option,” said Sen. Charles Schumer, D-N.Y., referring to a threatened Republican effort to change Senate rules.

Indeed he is. Senate Dems filibustered Myers last year and have every intention of doing so again.

If you’re just joining us, Myers is a pretty obvious choice for Dem opposition. He’s an anti-environmental activist who’s lobbied for the same ranching, mining and timber interests that would have cases before him on the 9th Circuit. He’s never been a judge, never even participated in a jury trial, and received a poor rating from the ABA. The guy once said environmental regulations were akin to King George’s tyranny over the American colonies. Indeed, Myers has made it clear that he’s already made up his mind on federal protection of the environment — and he’s against it.

[Myers] attacked the 1994 California Desert Protection Act, which set aside land for two national parks and protected millions of acres of wilderness, as “an example of legislative hubris.” In 1996, he also charged that federal management of public lands was comparable with “‘the tyrannical actions of King George in levying taxes’ on American colonists.” He has said there’s “no constitutional basis” to protect wetlands. He also railed that “environmentalists are mountain biking to the courthouse as never before, bent on stopping human activity whenever it may promote health, safety and welfare.” The cases he was talking about “involved logging on national forests, racial discrimination in the placement of waste treatment plants and protection of irrigation canals from toxic chemicals.”

That said, Bill Frist seems to believe he can break the impasse.

Responding to a delightfully strong letter from Harry Reid, Frist suggested that he has an idea on how to resolve this fight, which he’ll unveil when the Senate reconvenes.

When we return after the Easter recess, I will offer a proposal that takes account of complaints both parties have had with the confirmation process. It will protect the Constitution, validate our duties as Senators, and restore fairness to a process gone awry. I will seek your assistance in securing an agreement that allows us to expeditiously consider that proposal.

Frist was a little short on details, but the AP described it as a proposal that would “limit debate time on nominees, followed by a final confirmation vote.” Regardless, the middle ground here still seems largely non-existent. Dems are not prepared to give up the right to filibuster judicial nominees, and Republicans are not prepared to allow Dems to use the same tactics Republicans have used in the past.

We’ll see what happens, but it seems to me the only way around this is if enough sensible Republicans vote against the “nuclear option” to maintain the status quo. Stay tuned.