Courting Nukes

Republicans in the Senate are talking about launching a nuclear attack. They aren’t talking about attacking Iran or North Korea. They’re talking about crushing their Democratic colleagues for blocking two of President Bush’s nominations for the federal bench. A group of Democratic senators opposed to the nomination of Miguel Estrada to the U.S. Court of Appeals for the District of Columbia and Priscilla Owen to the 5th Circuit Court of Appeals has stalled the approval process by filibustering – talking endlessly so a vote cannot be taken.

Outraged by this ploy, Senate Republicans have vowed to change the filibuster rules, by going “nuclear” if necessary. “I’m for the nuclear option, absolutely,” Mississippi Republican Trent Lott, chair of the Senate Rules Committee, said recently. “The filibuster of federal district and circuit judges cannot stand. … It’s bad for the institution. It’s wrong. It’s not supportable under the Constitution. And if they insist on persisting with these filibusters, I’m perfectly prepared to blow the place up. No problem,” Mr. Lott huffed.

It hardly needs to be pointed out that many of the same Republicans blocked some of President Clinton’s judicial nominees by never processing them. The tamer option, being pursued by Senate Majority Leader Bill Frist, is to change the cloture rule, the rule that cuts off debate. Currently, 60 votes are needed to end a filibuster. Mr. Frist would change this to only 51 votes. Conveniently, the Republicans hold a 51-49 majority in the Senate. The problem with Mr. Frist’s approach, however, is that such a change requires a two-thirds vote in the Senate.

The nuclear option involves having Vice President Dick Cheney, the Senate’s presiding officer, rule that the cloture rule does not apply to nominations sent to the Senate by the president. It would take a simple majority to override Vice President Cheney’s action.

This may stop the filibuster but would do long-term damage to Senate relations. Public partisan bickering aside, senators often are able behind the scenes to work to craft legislation that is ultimately approved. A nuclear attack would undo this tradition of congeniality and replace it with a bomb-throwing mentality.

To date, more than 120 of the president’s choices for the federal bench have been approved. Two have not. That is a crisis only for those seeking absolute control. And, that’s what filibusters are all about – ensuring that a majority party does not ignore the minority. Filibusters are not pretty, but they have their place in ensuring a balance of power, between parties and between branches of government. The nuclear threat issued by Senate Republicans would tilt that balance by giving too much power to one party.

Clearly, the judicial nomination process has become too partisan and needs to be fixed, preferably before a vacancy occurs on the U.S. Supreme Court. Sen. Charles Schumer, a New York Democrat, has suggested that each state form a nomination commission made up of equal numbers of Democrats and Republicans. A congressional review board for all judicial nominees has also been proposed. Such ideas are worthy of further consideration. Especially if they stop the bomb throwing – and the endless talking.