The Senate Republicans’ plan to kill the chamber’s filibuster rules — the “nuclear option” that would stop Dems from blocking the worst of Bush’s judicial nominees — has been in the works for over a year. Bill Frist has given several hints that he’d be willing to try the approach — consequences be damned — sometime this year, but now it appears we’re going to see this fight come to a head sooner rather than later.
According to a report in The Hill, Frist told his colleagues during a Jan. 4 floor speech about the upcoming session:
“Next month, we will have the opportunity to restore Senate tradition. I will bring one of the president’s very capable, qualified, and experienced judicial nominees to the floor…. And we must offer the president advice and consent by giving this and future judicial nominees who are brought to the floor up-or-down votes.”
Not particularly subtle. Connie Mackey, vice president of government affairs at the Family Research Council (and an attendee at all the cool right-wing meetings over judicial nominees), said, “I think it’s going to be right out of the box.”
In other words, we’ll know within a matter of weeks, not months, whether there’s full-blown partisan war in the Senate. Harry Reid has said the chamber will effectively stop working if Frist goes through with this, while Frist says he doesn’t care. It’s an ugly game of chicken.
The wrinkle, as I’ve noted before, is that Frist may be bluffing. Indeed, I don’t think he has the votes to win this fight. Sens. McCain, Hagel, Chafee, Snowe, and Collins — Republicans all — have indicated that they won’t support the “nuclear option.” Moreover, Virginia’s John Warner indicated last week that he may not be on board with the scheme either.
…Sen. John W. Warner (R-Va.) said in a statement Friday: “I have not reached a firm view on the matter. However, I tend to be a traditionalist, and the right of unlimited debate has been a hallmark of the Senate since its inception. Without question, though, I am strongly opposed to the use of the filibuster to block judicial nominations.” He said, “I remain to be persuaded that the seriousness of the problem merits such an extraordinary solution,” but “the Senate may be forced to take some action to preserve the president’s Constitutional obligation to fill [court] vacancies.”
Let’s call Warner “undecided.” Stay tuned.