Friday, May 20, 2005
The Nuclear Option
I'm following the Senate debate on judicial nominations sorta closely. Partially, it's because if the current nominees get confirmed, I might apply for a clerkship with them (one of them in particular). But it's also important because of the way things will shape out in the future.
Everyone knows that Justice Rehnquist will probably retire at the end of this term. Justices Stevens and O'Connor don't have a lot of time left, either. There will be a few Supreme Court vacancies in the coming years, and the kind of person who gets put on the Court will have a huge impact on American law and society.
To tell the truth, though, I'm not sure where I stand on whether or not the Republicans should implement the so-called "nuclear option"--changing the Senate rules so as to not allow filibustering of judicial nominees. I certainly don't agree with the tactic of filibustering nominees (or much of anything else, for that matter)--I'm more of the opinion that if you don't have the votes to get what you want, you need to just shut up and move on with your life. But there are ideologies that I'm not sure I want advanced, and it might still be a good idea to give minorities the control. Maybe.
Here's a wordy column by science fiction author Orson Scott Card, wherein he makes a good argument that the filibuster is actually the nuclear option.
In the end I guess I'm cheering for the compromise squad, where enough Democrats pledge to vote against the filibuster and enough Republicans vote against the rule change to make business go through without changes.
Everyone knows that Justice Rehnquist will probably retire at the end of this term. Justices Stevens and O'Connor don't have a lot of time left, either. There will be a few Supreme Court vacancies in the coming years, and the kind of person who gets put on the Court will have a huge impact on American law and society.
To tell the truth, though, I'm not sure where I stand on whether or not the Republicans should implement the so-called "nuclear option"--changing the Senate rules so as to not allow filibustering of judicial nominees. I certainly don't agree with the tactic of filibustering nominees (or much of anything else, for that matter)--I'm more of the opinion that if you don't have the votes to get what you want, you need to just shut up and move on with your life. But there are ideologies that I'm not sure I want advanced, and it might still be a good idea to give minorities the control. Maybe.
Here's a wordy column by science fiction author Orson Scott Card, wherein he makes a good argument that the filibuster is actually the nuclear option.
In the end I guess I'm cheering for the compromise squad, where enough Democrats pledge to vote against the filibuster and enough Republicans vote against the rule change to make business go through without changes.
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