ConfirmThem

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

Mark Moller of the Cato Institute writes:

In the eyes of the prospective nominee, the filibuster intensifies an inherently unpredictable process, turning more and more objections by ill-informed politicians into potential killers. When pondering how to thread the confirmation needle, savvy, ambitious nominees have greater incentive to pull punches, please as many constituencies as possible, and keep their heads down.

Which brings us back to Mr. Smith. Sure, the filibuster might give him more power to dazzle the Senate with oratory. But imagine he were a lawyer nominated to a justiceship? Could Mr. Smith get confirmed? In the world of the filibuster, the odds are grim. The filibuster selects against Mr. Smith's best qualities --- imagination, courage and vocal independence. That's bad news for minority rights: In a judiciary where those qualities are scarce, minorities can expect less --- not more --- judicial protection.

Of course, it also wouldn't help Mr. Smith that he was portrayed by a conservative Republican. The Democratic minority in the Senate is trying to get the President to stop nominating such people.