With the “nuclear option” barreling down on the Senate, and the subsequent and inevitable fallout that will follow, I’ve been curious to see “compromise” proposals pop up that would seek to avoid legislative disaster. So far, it’s been pretty underwhelming.
The latest tack comes by way of Nebraska Sen. Ben Nelson (the chamber’s most conservative Dem) and Trent Lott (whom I believe coined the phrase “nuclear option” in the first place). Nelson’s role is particularly significant since there’s been some question as to whether he’d back the GOP on their scheme once it came to the floor. As it stands, Nelson has thankfully decided to stick with the Dems on the issue, but nevertheless would like to strike a deal on Bush’s nominees and work towards a “permanent solution” on the judicial nomination process. One such proposal has already been outlined.
Lott and Nelson have met about six times recently, according to aides, to discuss a proposal to end the standoff. Lott has a one-page, three-paragraph draft of his proposed compromise he carries in his coat pocket.
The basic framework calls for an up-or-down vote on all judicial nominees, which meets the current GOP demand. In exchange, Republicans would admit their role in denying a vote to 60 Clinton administration nominees by delay tactics in the Judiciary Committee — setting up a certain time frame in which the panel must consider each nominee.
His proposal would also have guaranteed a lengthy debate on the nominee, Lott added.
I don’t mean to sound impolite, but the silliness of this proposed compromise helps demonstrate why any kind of negotiations on this are so difficult. There really is no common ground.
Consider who wins and looses in the Lott proposal. Dems give up their right to filibuster nominees (a right Republicans have exercised in the past) and Bush gets everything he wants (literally every nominee will get confirmed).
The “sacrifice” from Senate Republicans, if you can call it that, is an acknowledgement that they screwed over dozens of Clinton’s nominees, plus a commitment to a new system that will help the next Dem president fill judicial vacancies.
How do I put this gently … this isn’t a compromise. Forget for a moment about Republican treatment of Clinton’s nominees in the 90s, and Republican treatment of minority rights during Bush’s first term. This plan, on the surface, has Dems paving the way for gutting the rights of the minority, while Republicans agree, at some undermined point in the future, to do what they should have been doing all along. Mutual sacrifice for an equitable compromise? Hardly.
Lott may keep a memo on this plan in his pocket, but he might as well keep it there; there’s no way this idea is going anywhere.