ConfirmThem

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

John Dean of Watergate fame is not exactly turning into an elder statesman. Here's what he has to say about GOP attempts to secure up-or-down votes on judicial nominees:

In fact, the Republicans' tactics have become worse than the usual Washington balderdash, claptrap, hokum, drivel, and humbug. Rather, they are a prime example of the subject addressed by the renowned moral philosopher and emeritus Princeton philosophy professor, Harry G. Frankfurt, in his new book "On Bullshit" (which is climbing the New York Times bestseller list). As the professor states, "The ... realm of politics [is] replete with instances of bullshit so unmitigated that they can serve among the most indisputable and classic paradigms of the concept." That is precisely the case here. The nonpartisan Congressional Research Service study found that from 1949 to 2002 thirty-five presidential nominations had been filibustered, including seventeen judicial nominations.

Mr. Dean conveniently omits the fact that 32 of those 35 nominees were ultimately CONFIRMED. Of the three who were not confirmed, only one was a judicial nominee, and he was Abe Fortas. Mr. Dean incorrectly writes, "Fortas withdrew his name only when it became clear the White House could not defeat the filibuster." Actually, Republican Leader Dirksen and other Senators said that their reason for voting against cloture was that their decisions about Fortas were "still open," and further debate would ensure "exploration" of the issues. Mr. Dean is simply wrong when he says it was "clear" that the filibuster would have lasted all the way until the Fortas nomination expired. Fortas's own withdrawal letter anticipated that he could "ultimately" have obtained an up-or-down vote. The cloture vote on Fortas was 45-43, and so it was doubtful he would have won that up-or-down vote. LBJ and Fortas simply wanted to avoid what Bush and his nominees now seek: an up-or-down vote.