ConfirmThem

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

Howard Bashman runs down the latest filibuster news at How Appealing, including an interesting piece by Steven Taylor in the Mobile Register titled, "Democrats' history on filibusters belies their current stance." More of Dr. Taylor's writings can be found at his "Poliblog".

Andy McCarthy continues to argue very persuasively for the nuclear/constitutional/Byrd option at The Corner. Paul had blogged previously, here at confirmthem, about McCarthy's continuing debate with Ramesh Ponnuru on this subject.

Manuel A. Miranda has an article in the Texas Review of Law and Policy concerning Democratic memos that showed the Dems' filibuster strategy and motives.

Arlen Specter has a new name for the nuclear/constitutional/Byrd option: "Armageddon." Personally, I've never heard of a Senator intentionally voting for "Armageddon," but stranger things have happened. Specter also reports in that Time Magazine interview the good news that Justice Stevens is in excellent health. Specter further mentions that, "I think Judge Boyle has a good record, and we're going to push him." Boyle has a reversal rate of 7.5%, below the national average of 9.7%, and the American Bar Association unanimously agreed that he is well qualified.

The NAACP is calling for defeat of the Boyle nomination. "Judge Boyle twice decided that a Congressional district in North Carolina was drawn for 'racial purposes' and violated the Constitution," the NAACP's Hilary O. Shelton wrote. However, the latter case led to a Supreme Court decision that was razor-thin (see 532 US 234).

Professor Mike Rappaport has some further thoughts about the constitutionality of nomination filibusters. He had previously written on this subject.

There's some discussion here about the so-called "nuclear option" being a way for the GOP to wiggle out of the social security debate, since the Dems would shut down Congress. Baylor University Professor William Murchison urges that nomination filibusters be curtailed sooner rather than later (this piece also appeared today in the Dallas Morning News). Regarding the labelling problem (nuclear/constitutional/Byrd option), a commenter suggests the "constitutional recorded majority vote advise and consent by the democratically elected branch of government known as the senate option." Longer than Senator Specter's idea, but more accurate.

UPDATE: More from Rappaport here.