Why Did Republicans Cave In?

Why didn't we change the filibuster rules this time? Democrats acted like the rules comprised an ancient and sacred ritual that must not be changed. Filibuster rules have been changed numerous times. Look up "cloture" on the web, and you find this:

The Senate put an end to unlimited debate in 1917 when it provided that two-thirds of those present may invoke the "rule of cloture" and set a time limit for discussion. In 1975, support necessary for cloture was changed to three fifths of the entire Senate; in 1979, a 100-hour cap on debate was imposed after cloture was invoked to limit the use of delaying amendments.

Why didn't Republicans stand firm? Because we are a reasonable party. We abhor being as unreasonable and irrational as the Democrats are. So we did the reasonable thing...which maintains Democrat ability to screen out any judges that are not acceptable to them...which is exactly where we are at today. As I said in an earlier post...it is too late to be reasonable. When reason fails, nations resort to war. Some Republican Senators just don't understand that we are in a Culture War that Democrats aim to win. We had better get serious about this.

To show how serious they are, here is a statement from Americans United for Separation of Church and State:

"The deal, however, did open the door to votes on two of the most extreme opponents of separation of church and state. California Supreme Court Justice Janice Rogers Brown and former Alabama Attorney General William H. Pryor have on numerous occasions taken positions far outside the judicial mainstream on First Amendment rights, privacy rights and civil liberties.

"Brown has attacked the wall of separation between church and state as 'an uninformative metaphor.' Pryor has publicly questioned whether federal court precedent is always binding on the states. These two nominees have proven they are not fit for lifetime appointments on the federal bench.

"Americans United for Separation of Church and State will continue to urge the Senate to reject the nominations of Brown and Pryor because of their crabbed understanding of some of our nation's most cherished fundamental rights.

"We pledge to remain vigilant. If these nominees or others who hold similar views end up filling enough federal court vacancies, the United States could be saddled with a federal judiciary full of zealots issuing rulings based not on constitutional precepts but on the dictates of theocrats like James Dobson, Jerry Falwell and Pat Robertson."

It is comforting to know that Americans United is unhappy with the compromise. Also, it is humorous that they say, "the United States could be saddled with a federal judiciary full of zealots issuing rulings based not on constitutional precepts...." We already have a judiciary full of zealots issuing unconstitutional judgements. That is the problem. We want to return to a judiciary that actually makes judgements according to what is written in the Constitution and not according to international law, a concept of a living law, or any other arbitrary standard.

Dr. Dobson said,

"Extraordinary circumstances" is a particularly meaningless criterion, considering that Senate liberals thought qualified candidates like Brown and Owen were too extreme for the federal bench.

"This Senate agreement represents a complete bailout and betrayal by a cabal of Republicans and a great victory for united Democrats," Dobson said. "Only three of President Bush's nominees will be given the courtesy of an up-or-down vote, and it's business as usual for all the rest. The rules that blocked conservative nominees remain in effect, and nothing of significance has changed.

"Justice Clarence Thomas, Justice Antonin Scalia, and Chief Justice William Rehnquist would never have served on the U. S. Supreme Court if this agreement had been in place during their confirmations. The unconstitutional filibuster survives in the arsenal of Senate liberals.

"We are grateful to Majority Leader Frist for courageously fighting to defend the vital principle of basic fairness," Dobson added. "That principle has now gone down to defeat. We share the disappointment, outrage and sense of abandonment felt by millions of conservative Americans who helped put Republicans in power last November. I am certain that these voters will remember both Democrats and Republicans who betrayed their trust."

Amen, Dr. Dobson.  ¶ 3:25 PM|