TIT FOR TAT LOCKDOWN OF CONGRESS...I LIKE IT

As I've often said, a do-nothing Congress is a good Congress. But the attempts of the Democrats to overturn the Constitutional scheme set up by Article III sets a new and dangerous precedent. While Orrin Hatch led his judiciary committee fiefdom in a way that frustrated the Clinton Administration, President Clinton was still able to get as many confirmations as had President Reagan in 8 years despite the fact that Clinton faced more years of a Senate in opposing hands than did Reagan. But despite this, Republicans never used the power of the filibuster to destroy a nomination by the President. While Hatch's committee rejected Clinton nominees and therefore did not bring them to the Senate floor, the Democrats still had processes available to obtain a floor vote but never availed themselves of the process because the nominees would have been defeated on a straight majority vote -- as Constitutionally required.

So Article III only requires a majority vote of the Senate to place a nominated judge on the bench. But wait, here comes Senator Chuck Shumer, savior of the oppressed and inconvenienced pregnant women of the upper east-side and frightener of retirees. Chuckie wants to filibuster everyone he doesn't like and prevent a vote on the nomination. Yes, there's a process to allow a vote on the nomination, but that process requires 60 votes to allow the vote, effectively changing the Constitutional process from majority to supermajority. It is easy to see the fundamental difference from how Republicans didn't let out of committee judges who never could have mustered 51 votes anyway, and defeating nominations with only 40 votes. One complies with the letter and intent of the Constitution and one does neither.

Now, whether a court will find this case justiciable, or refuse to touch it as a "political question," is another issue. After all, the Republicans could force a real filibuster where the Dems have to keep talking before the Senate takes any other action on any issue. Unfortunately, Shumer likes the sound of his voice so much, I suspect he could outlast many of the Republicans who just don't have the balls to fight for the Constitution.