Senate GOP may hold chamber hostage over judicial nominee

About a month ago, Senate Republicans threatened a “major meltdown” in the chamber unless Senate Dems approved more Bush judicial nominees. The showdown is poised to get even more heated.

Barring an unlikely confirmation of Leslie Southwick to the 5th U.S. Circuit Court of Appeals by the Judiciary Committee this week, Senate GOP leaders have privately mapped out a retaliatory plan that involves blocking passage of Democratic legislation from now until the August recess.

Republican Senators have been in discussions for weeks about how to get political mileage out of President Bush’s stalled judicial nominees, but sources say talks in recent days have honed in specifically on the possibility of shutting down Senate business if Southwick fails to make his way out of committee to the Senate floor for an up-or-down vote this month. And with the clock ticking toward the August break, Republican leaders are growing increasingly impatient and ready to force the battle, GOP sources say.

“We can either prevent really bad legislation from passing or we can get a well-qualified judge,” offered one GOP leadership aide. “One of those two things will likely happen.”

This is only partially about the Southwick nomination. A senior GOP Senate aide conceded to Roll Call that engaging in a knock-down brawl with Dems over a conservative judicial nomination is “exactly the kind of issue that gets us to unite and it energizes our base, which is badly fractured in the aftermath of the immigration debate.”

This is all pretty ridiculous. First, if Senate Dems shut down the Senate every time the ousted GOP majority balked at a Clinton judicial nominee, the chamber wouldn’t have passed any bills for the latter half of the 1990s. Second, more GOP obstructionism isn’t exactly a dire threat anymore — whether Dems give in to Republicans’ hostage demands or not, the GOP is filibustering every bill that matters. Even if they follow through on their threat, it’ll still just be more of the same.

And third, Southwick is the wrong guy to raise hell over.

From Emily Bazelon’s recent coverage of Southwick’s confirmation hearings:

As a judge on the Mississippi Court of Appeals for 12 years, Leslie Southwick participated in more than 7,000 cases. Now he is President Bush’s nominee for a long-vacant seat on the Fifth Circuit, one of the federal appeals courts. At Southwick’s confirmation hearing, Sen. Dick Durbin, D-Ill., asked him to give an example of an unpopular decision he’d made in favor of somebody downtrodden—a poor person, or a member of a minority group, or someone who’d simply turned to the courts for help. Judge Southwick couldn’t name a single one.

The question might sound like a bit of a stunt. But other data show that Judge Southwick’s answer fits with his larger record. He has a pattern of voting against workers and the injured and in favor of corporations. According to the advocacy group Alliance for Justice, Southwick voted “against the injured party and in favor of business interests” in 160 of 180 cases that gave rise to a dissent and that involved employment law and injury-based suits for damages. When one judge on a panel dissents in a case, there’s an argument it could come out either way, which makes these cases a good measure of how a judge thinks when he’s got some legal leeway. In such cases, Judge Southwick almost never favors the rights of workers or people who’ve suffered discrimination or been harmed by a shoddy product.

And from the NYT’s recent editorial urging the Senate to reject Southwick’s nomination.

President Bush’s latest appeals court nominee, Leslie Southwick, has a disturbing history of insensitivity to blacks and other minority groups. The Senate should reject this nomination and make clear to the White House that it will reject all future nominees who do not meet the high standards of fairness that are essential for such important posts.

A non-negotiable quality for judicial nominees is that they must be committed to equal justice. Judge Southwick, whom President Bush has nominated for a seat on the New Orleans-based United States Court of Appeals for the Fifth Circuit, repeatedly failed this test as a Mississippi state court judge. […]

When the voters put Democrats in the majority in Congress last fall, they were sending a message that the era of extremism in Washington should come to an end. Senate Democrats can show that they understood this message by rejecting Judge Southwick and insisting on a more moderate nominee, who will respect the rights of all.

And yet, this is the nomination Republicans are ready to wage partisan war over. Even if Southwick’s nomination is defeated by the Senate Judiciary Committee, the GOP is demanding that he receive an up-or-down vote on the floor anyway (another luxury Clinton’s nominees were denied).

The committee vote may come as early as this week. Stay tuned.

If Reid doesn’t realize that this is the sort of political fight that he can win–that can actually help reinvigorate the Democratic base and serve the larger purpose of bringing an increasingly right-wing and increasingly unpopular judiciary into focus as an election issue–he needs to be replaced by Chuck Schumer, who surely gets all this.

In essence, the Republicans are saying, “If you don’t expeditiously confirm this vicious corporatist prick, we’re not going to let you do the country’s business.” This is a belt-high fastball with no break; you’ve got to crush that pitch.

  • Gee, the GOP is willing to fight for another pro-bidnez judge with racist overtones.

    Why is this a shock?

  • Once again, if the Democrats had spines, they would tell the Republicans they can have their “up or down vote” for their nominee when we get an “up or down vote” on giving the troops as much rest time as combat time.

    And if we had some ham, we could have some ham and eggs, if we had some eggs.

  • Good. Let the ReThugs shut down the Senate indefinitely. Then when Georgie boy cries that the Dems aren’t supporting the troops with the ransom he is demanding, the American People can have the ReThugs as the scapegoat.

  • I just need to set up a macro as many times as I have found myself typing this.

    This is a very winnable battle for the Dems if we can figure out the first freakin’ thing about messaging, finding a loud channel, and selling our position to the people.

    For now I remain unconvinced. The Rethugs always start with worse cards in their hand and still win the round, or fight to a draw where the public says a pox on both parties.

  • Hold up a judicial nomination because the judge attended the comittment ceremony of a life-long friend = Fine and dandy.

    Hold up a judicial nomination because the judge is a creep = Major Meltdown.

    Go for it Republi-dudes. The American public is behind you all the way. With pitchforks, a barrel of tar and sacks of feathers.

  • There’s a nice article on Huffington Post that suggests that Reid should make R’s stage an old-fashioned filibuster if they want to keep blocking things with majority approval:

    http://www.huffingtonpost.com/miles-mogulescu/sen-reid-force-republic_b_56321.html

    In particular, the author is referring to the Iraq war vote, but it works for pretty much any of this legislation. Force them to obstruct in a way that will get national attention; right now the D’s are getting the blame for failed bills.

  • Dems need to understand that the public “gets” this. These republican threats and obstruction actions are seen exactly for what they are. Don’t believe the loudmouths. Let them filibuster till elections come and watch us replace them all. Don’t compromise with this administration which has not once, ever, cooperated or compromised with the Democratic congress.

  • I was going to suggest what gg # 7 writes about. Make them really filibuster instead of just making quiet threats that they try to spin some other way.

    Closing down government hasn’t worked out too well for Republicans in the past.

  • Cong Dems need to know that, yes, we are in a war, but it’s not Iraq. It’s a political war and they need to beef up their tactics.

  • Isn’t this a little like saying “If you don’t confirm this nominee, we’re going to …. keep breathing?” How will we be able to tell this obstruction from the already existing obstructions?

    The Democratic answer should be “The Republicans don’t need a reason to obstruct. They’ve been obstructing everything for a long time now. They’d like you to think this is about a judge, but it isn’t. It’s about extremist, partisan politics and childish lack of compromise.”

    Don’t give in to debating the value of the nominee. It’s NOT about the nominee. It’s about the R’s blocking the will of the people.

  • Dale wrote:

    Closing down government hasn’t worked out too well for Republicans in the past.

    Me to Harry Reid and the Dems:

    Let’s bring it on!

  • Not one more judge from this administration. Not one. It’s bad enough as it is, we gave in far too many times – most egregiously on Alito, and the judgment of this administration about what qualifies someone to hold a seat on the bench of any court is so bad Bush should not be allowed to even offer any names.

    If the GOP wants to filibuster, make them do it, all the while reminding them of all the nonsense they spouted when they had the majority.

    Enough of this placating and pacifying and sucking up – time to kick ass, take names and pound these nitwits into dust.

  • I’m with all those above: it’s time for Democrats to finally grow at least one ball and quit quivering over the imagined monsters under their beds.

  • They have it backwards. The Democrats should not move forward on ANY nominations until Bush serves up Rove, Meirs, all the missing emails, and everything else related to the Attorney invesigation. If the Republicans are going to shut down the Senate anyway, the Democrats might as well get something out of it.

  • Steve, you forgot one point. I’ll help out by writing it up for you:

    … And fourth, Republicans have already all but blocked every bill of more significance than naming a post office — so what makes this threat worth quaking over? Will they double-dog filibuster everything?

    Seriously, given that Republican intransigence has already been turned up to nine, I don’t see much point in wringing hands over threats to turn it up to eleven. Either way, no business gets done. What’s the big deal?

  • Personally, I think that the Democrats should put into effect the “nuclear option” that the Republican’ts threatened to use if they didn’t get absolutely everything they wanted. And explain to the american people that as soon as obstructionist Republican’ts start demostrating civilized behavior it will be rescinded.

    Throw their own bullshit right back in their faces. Somehow they don’t seem to like it much when they have to play by their own rules. Funny, that…

  • This should be a winner for the Democrats. Between Bush and the lying, thieving, corrupt, incompetent Republicans, no legislation is moving forward anyway, so having the Republicans step up and say it’s their fault seems good.

    Making the republicans filibuster until we run into renewed funding for the war, and then putting up a funding bill with so many provisions that they can’t support it seems like a reasonable way of winding down the war, given the lack of other options.

    I also agree with no new judges (unless they really are acceptable) until after January 2009.

  • biggerbox’s comment (#11) reminds me of the movie “Blazing Saddles,” where Cleavon Little takes himself hostage and threatens to “shoot the n****r.”

  • Why, after all these years of getting trounced by the republican noise machine, have the Democrats not built their own truth squad to debunk the simple but untruthful messages from the right that seem to make sense unless you know the backstory? Why have Democrats not fought like hell to get the MSM to pay attention, to get their message out? Dems may be less threatening to the Republic than Repubs, but they are one lousy political party.

  • Two related points, already made by many others here: (1) how is this threatened obstruction any different from the already ongoing obstruction and (2) this really should easily be a political winner for the Democrats. However, despite an ringside seat for the last twenty-five years, the Democrats–inexplicably–have learned absolutely nothing about how politics is played by the Republicans. They even have the luxury of playing the game honestly, since truth and reality have a well known liberal bias. Whether they really are thick as a brick, or that obsessed with gaining Broderian approval, I expect they will lose the media war here also. Pathetic. The next sound you here is likely my head exploding.

  • Marlowe wrote: “However, despite an ringside seat for the last twenty-five years, the Democrats–inexplicably–have learned absolutely nothing about how politics is played by the Republicans.”

    Democrats on the Hill seem to be unaware that, although it is true that lots of people don’t like obnoxious, bossy jerks, NOBODY likes whiny, meek, defeated losers.

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