I Thought The Debate Mattered

Over at WizBang Mary Katherine Ham posted to highlight that the nomination of John Roberts to Chief Justice of the Supreme Court has already garnered the votes of 12 Senate Democrats.

Bill Nelson of Florida, Ben Nelson of Nebraska, Mark Pryor of Arkansas, Tim Johnson of South Dakota, Max Baucus of Montana, Robert Byrd of West Virginia, Jeff Bingaman of New Mexico, Kent Conrad of North Dakota, Patrick Leahy of Vermont, Russ Feingold of Wisconsin, Herb Kohl of Wisconsin and Ken Salazar of Colorado.

This as all great for Roberts, and President Bush, but it raises an interesting question.

Not too long ago when the Democrats were busily filibustering circuit court nominees the Republicans threatened, and threatened, and threatened to invoke the “nuclear option.” The “nuclear option” referred to using a procedural maneuver through which the President of the Senate, Vice President Dick Cheney, could rule filibusters of judicial nominees are unconstitutional and that votes on nominees would proceed without the need for a supermajority cloture vote.

The Democrats were not very happy about this possibility. Many of them, including some on the list as announcing their support for Roberts, spoke at senatorial length and with great passion about the need to preserve the Senate tradition of unlimited debate. Yet what they have done with their announcements is to render any debate meaningless. Assuming Republican unanimity, the 12 committed Democrats gives the Roberts nomination a clear victory before any debate has occurred.

Granted there has been little doubt about the outcome of the Roberts nomination for some time, but no matter how many times I have been disappointed, I can't seem to let go of the expectation that a politician will just once act on their stated principals.

Posted by: Stephen Macklin at 07:47 AM | No Comments | Add Comment