Restarting ‘nuclear’ talks

December 12, 2005

It’s been a while since the political world considered the “nuclear option,” but in case anyone’s forgotten, Bill Frist reminded everyone yesterday that he’s still ready to move ahead with the tactic.

Senate Majority Leader Bill Frist (R-Tenn.) threatened yesterday to strip Democrats of the power to filibuster if they block the vote on Supreme Court nominee Samuel A. Alito Jr.

“It would be against the intent of the Founding Fathers and our Constitution to deny Sam Alito an up-or-down vote on the floor of the United States Senate,” he said on “Fox News Sunday.”

Chris Wallace and Frist sparred a little over the use of the phrase “nuclear option,” but there was a better, more substantive follow-up question that went unasked. Not only have Republican senators backed a Supreme Court filibuster in the past, but Frist personally backed a judicial filibuster during Clinton’s presidency. Maybe Frist forgot about this.

Nevertheless, it brings up the prospect of a Dem filibuster against Alito and whether Dems should fear the nuclear option. The LA Times’ Ron Brownstein wrote today that Alito’s opponents should simply be able to “generate full-scale resistance” to the nomination and a filibuster wouldn’t be necessary. I’m not nearly as convinced. “Full-scale resistance” doesn’t mean much unless there are six Republican senators willing to vote against the Alito nomination. At this point, there may be three or maybe four who are “on the fence,” but the rest have already made up their minds. It would take one hell of a groundswell to peel off a few more and I don’t think the electorate is engaged enough for that to happen.

As for Frist’s threat, to reiterate a point from several weeks ago, there’s no reason for Dems to let the nuclear-option talk discourage them from considering a filibuster. Matt Yglesias’ point from early November still rings true.

[T]he worst possible outcome here is one in which moderate Democrats allow Alito on to the bench in order to preserve the filibuster — a re-run, in other words, of the original “Gang of 14” deal. If Alito winds up on the Supreme Court, the best possible way for that to happen would be a way that also eliminates the filibuster rule. If the filibuster rule is to be maintained, then the best possible way for that to happen would be one that keeps bad judges off the bench.

I haven’t heard any remarks to the contrary, but Dems can’t shy away from taking on Alito because they’re worried about maintaining the filibuster. That’s just crazy.

Just to be clear, I’m not welcoming the nuclear option; I still think it’s an outrageous abuse. I am saying that Dems should make every effort to block Alito. Frist is essentially arguing, “If you block him, you’ll lose the ability to filibuster judges in the future.” Given the choice, Dems should do it anyway.

What about harriet Miers? Where is her up or down vote? Are up or down votes only for male nominees? Is the GOP anti-woman?

  • Hmmm. In order to “save the filibuster” for future rainy day uses, we should never use the filibuster. Seems a pretty useless thing to have if those are the terms and conditions. Rather than take it away from ourselves through private cowardice, any D with a semblance of spine should make good use of it and make the R’s take it away in full view of the public. The rainy day is here — Alito is a big black cloud hanging over the judiciary.

  • Frist is such a freakin’ hack.

    He is just so damn willing, no eager, to throw (or threaten to throw out) out 200+ years of Senate tradtion, a tradition the GOP has been more than willing to exploit in the past, just so he can look like The Man and the GOP can try to look like aggrieved party. I just hope the GOP is willing to live with the consequences. Becuse when they are out of power in the Senate, and that is not an unlikely goal, they better be willing to live without those tools they themselves used in the past. Blowback is such a bitch.

    I know he is trying to be preemptive, but it comes across as sad.

  • So, what are Dems supposed to do? Let Alito sail through to “preserve” the filibuster? Great plan. The Republicans want to stack the SCOTUS and they’ll do it one way or the other and if the filibuster stands in the way, they’ll do away with it, no matter what grand plan has been hammered in advance. Grover Norquist is right: Bipartisanship is another name for date rape.

    Let the Republicans pull their “nuclear option” then go declare Alito’s confirmation illegal on every single freaking talk show (Reichstag burning anyone?). Sit back and enjoy the fireworks. I doubt Alito will dare join the SCOTUS for fear of his life.

    The Republicans have lost their popular legitimacy and it’s up to the Dems to milk that cow all the way to victory, if they have the balls. If the Dems want to win, they need to learn and play hardball.

  • I think Zeitgeist is right on target here…it’s time to call Frist on this…and judging by Frist’s recent track record, I’m thinking Harry Reid can counter any parliamentary maneuver of the Repubs.

  • I agree with Zeitgeist as well. It’s hard to imagine a worse judicial nominee. Democrats must filibuster.

  • When I heard Frist blustering about this, my instinctive response was “Bring it on, bitch!” Let’s hope the Senate Dems feel the same way.

  • Call their fucking bluff.

    2006 will deliver a Democratic Senate.

    This is the headline I want to see:

    REID TO GOP: MAKE MY DAY

    If the Repugs are stupid enough to push the nuclear option, then fuck them. When we re-take the Senate, maybe we’ll do the right thing and revert the rules to re-instate the filibuster. Then again, maybe we won’t.

    Frist needs to ask himself this question, “Do I feel lucky?” Well, do ya, punk?

  • No one likes us-I don’t know why
    We may not be perfect, but heaven knows we try
    But all around, even our old friends put us down
    Let’s drop the big one and see what happens

    We give them money-but are they grateful?
    No, they’re spiteful and they’re hateful
    They don’t respect us-so let’s surprise them
    We’ll drop the big one and pulverize them

    Asia’s crowded and Europe’s too old
    Africa is far too hot
    And Canada’s too cold
    And South America stole our name
    Let’s drop the big one
    There’ll be no one left to blame us

    We’ll save Australia
    Don’t wanna hurt no kangaroo
    We’ll build an All American amusement park there
    They got surfin’, too

    Boom goes London and boom Paree
    More room for you and more room for me
    And every city the whole world round
    Will just be another American town
    Oh, how peaceful it will be
    We’ll set everybody free
    You’ll wear a Japanese kimono
    And there’ll be Italian shoes for me

    They all hate us anyhow
    So let’s drop the big one now
    Let’s drop the big one now

    Randy Newman of course

    I was going to paraphrase some of that but it’s such a great song I’m going to Let it Be.

    We need to filibuster Alito’s ass and we need to do it with such attitude that it will be like grabbing the button to the bomb from Fristhole and threatening to push it ourselves. That gang of 14 crap didn’t accomplish anything. It’s time. Drop it. See what happens. But don’t give those fartknockers the satisfaction of jerking us around and holding this vague hatchet over our heads. Get Cheney out from under his rock and tell him to come shove the sucker over the edge. It’s time. Drop kick that Nuke Football Dicky, through the goal posts of congress. Ka-Boom! Ha-Ha, all over the place. Not one step back. Absorb the blast. It’s winter. The heat will feel good. The Dem’s should come to the floor wrapped in foil to reflect the radiation. They can carry signs saying Bounces Off of Me and Sticks to You. We need to taunt those LFB pricks into a corner of their own making. Drop it.

  • Frist needs to ask himself this question, “Do I feel lucky?” Well, do ya, punk?

    Comment by goatchowder

    Absolutamente’

  • I too, say “bring it on!” Fillibusters have never stood in the way of a determined body politic. Just ask Strom Thurmond, who I still believe holds the record for the longest filibuster in Senate history (which, by the way, didn’t succed either).
    The electorate knew that the Supreme Court nominations where a very real consideration of the past election. Bost candidates mentioned it repeatedly. If the Republicans piss off the electorate with their choice of Alito on the bench, the Democrats will get their day in the sun, come 08.

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