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May 24, 2005

Half a Loaf?

So, in the case of judges, is half a loaf better than nothing at all? In some ways, yes. The president will get some of his judges confirmed and some liberals are unhappy with this deal. But overall, that's all the Republicans get. The Democrats did not agree to stop the filibuster, they did not agree to stop trashing the reputations of judges and they got the Republicans to agree (in principle) that the president has to share some of his constitutionally-mandated power with them.

It seems to me that to truly be half a loaf, the Republicans should have gotten the Democrats to admit that the filibuster of judicial nominees was unprecedented and would stop. Instead, they got an agreement that judicial nominees would only be filibustered under 'extreme circumstances.' We're counting on the good faith of those who have thus far shown none, and that's what disturbs me most about this deal. Sure, it solves the short-term political problem, but doesn't deal with the root of the issue - that what the Democrats were doing was blatantly unconstitutional.

Instead, we get an agreement that preserves their right to do unconstitutional things, and demand powers they do not legally possess. The Smug Seven Republicans have basically said it's okay for one party to put the traditions of the Senate above the constitution.

Posted by slublog at May 24, 2005 08:31 AM

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