ConfirmThem

By AndrewHyman Posted in Senate Rules — Comments () / Email this page » / Leave a comment »

An Oregon web site has this excerpt from Roll Call:

Sen. Gordon Smith (R-Ore.) called his support for Frist a "qualified yes," noting he has encouraged Frist to seek a compromise.

"We've got to find a way so we can both save face and keep our institution from being dysfunctional," Smith said.

And, Senator Hagel was interviewed by Wolf Blitzer yesterday. The Republican Senator from Nebraska is still firmly situated on the fence. The Hagel interview is below the fold.

BLITZER: Senator Hagel, your friend, Senator McCain, Republican, good conservative, says it would be shortsighted for the Republicans to go ahead and change the rules regarding a filibuster. Because one of these days, the Democrats are going to be in the majority. The Republicans will the in the minority. And guess what, you may want to use that filibuster then.

HAGEL: Well, I think Senator McCain's argument is a good one, but I would make a little deeper argument here as to how we have to be very careful.

It seems to me, we have two very important issues that are about to collide unless cooler heads prevail.

One is the rights of minorities in the Senate, and Senator Feinstein is absolutely correct. The United States Senate is a very unique institution. One of the reasons it is, it is at the core of its responsibilities, the protection of minority rights. That is very important.

And the other interest that is important, and we have some constitutional obligation for, is advising consent for presidential nominees, including giving those presidential nominees a vote.

So, those two interests are about to collide here, and I think what Senator McCain is saying is obviously correct. But I would go even deeper to say, it's important that we protect the institution of the Senate and the tools of minority rights because if those are eroded, you will then put the institution on a slippery slope to keep -- by straight majority vote. By saying this rule's going to change. This rule's going to change.

BLITZER: So, let me just try to pin you down on this. If it comes down to changing the rules on a filibuster, will you go along with Senator McCain or your majority leader, Senator Bill Frist?

HAGEL: I've said that I have not made a decision. I have not made a decision. If I have to make one, I will. But I've said to both sides, don't include me in your count right now.

I do not like this approach. It's a dangerous approach. It's an irresponsible approach. And it further erodes the constitutional minority rights element of the Senate.

One might likewise say of the judicial filibuster that it's a dangerous approach, an irresponsible approach, and an approach that inflates minority rights beyond what the Advice and Consent Clause allows.