Google
 
Web rhymeswithright.mu.nu

April 21, 2005

Turley On The Senate Filibuster

Yesterday I commented on Mort Kondracke’s column on the filibuster of nominees to the appellate courts. I mentioned the views of Jonathan Turley, a liberal scholar of the law and judiciary, which Kondracke himself had referenced. Well, what should appear in my local paper this morning but a column on the subject by Turley himself?

The decision to nuke or not to nuke has obscured the real issue: Are the Republican nominees qualified or are they flat-Earth idiots? As a pro-choice social liberal, I didn't find much reason to like these nominees. However, I also found little basis for a filibuster in most cases. Indeed, for senators not eager to trigger mutually assured destruction, there is room for compromise.

Turley then goes on to analyze each of the judges that the Democrats label extremists who are unfit for the bench – or who they object to because a Republican president is not deferring to their home state Democrat senators. He indicates that the judges in question are generally well-qualified and within the mainstream of the law. In most of the cases he shows that the criticism is either wrong or insignificant. So strong are his objections to the use of the filibuster that he says, “For nine of the Republican nominees, Democratic opposition looks as principled as a drive-by shooting.”

Only three of the nominees present a problem for Turley.

Democrats are on good ground in filibustering William J. Haynes II, who signed a memo that appeared to justify torture of POWs and suggest that the president could override federal law — an extreme view that preceded abuses at Abu Ghraib and Guantanamo.

Then there's 9th Circuit nominee William G. Myers III, a former mining lobbyist who, as an Interior Department official, advocated extreme-right positions on Native American and environmental issues, often in contravention of accepted law. Given the centrality of such issues to the 9th Circuit, there is reason to bar his confirmation.

Finally, there is the closer case of Priscilla R. Owen. She has a "well-qualified" ABA rating, but she is also indelibly marked by a prior public rebuke. Attorney General Alberto R. Gonzales, her colleague on the Texas Supreme Court, said she engaged in "an unconscionable act of judicial activism" in restricting a minor's access to an abortion. That and other charges of activism leave Owen damaged goods for confirmation.

Of these three, I agree on one – the Haynes nomination. It is not that I think that Haynes was necessarily wrong in his position, because I don’t. But at this time, I think the issue is one that is too radioactive. Haynes might be a good nominee in a couple of years – just not now.

I’m not sure about Myers. Do his political positions prevent him from being an acceptable candidate for the judiciary – or at least for the appellate level, beyond which most cases never go? Perhaps. That he lacks experience on a lower court troubles me, because it prevents determining if Myers has an appropriate judicial temperament. I would not be troubled by his confirmation, but would not be troubled by his rejection, either. I just don't see his nomination as a hill worth dying for.

And then there is Priscilla Owens, on whom I steadfastly disagree with Turley. She has been a good justice here in Texas, and while I have disagreed with her position on a number of issues, I have accepted the reasonableness of her rulings. Turley wants to write her off because of an ad hominem attack by one of hercolleagues, the current attorney general. Frankly, I find that to be a pretty weak argument, given that the same statement could have been made against then-Justice Alberto Gonzales in the same case. More to the point, the ABA rated her well-qualified (the alleged “gold standard” for nominees, according to Senate Democrats at the time of Owens' original nomination) and the people of Texas have overwhelmingly reelected her to the bench since that case was decided. Those two facts, taken together, show that she is not an extremist, and is eminently qualified for the federal appellate bench.

Overall, however, I agree with Turley. Now, are there enough honest liberals -- more to the point, enough honest liberals in the Senate -- for such clear thinking to carry the day?



» Watcher of Weasels links with: Submitted for Your Approval
» Watcher of Weasels links with: The Council Has Spoken!



|| Greg, 07:10 PM || Permalink || Comments (2) || Comments

Comments on Turley On The Senate Filibuster

The site looks better and better.

I have to confess. I don't much like the filibuster in its current form.

I think that if they are going to retain this antiquated oddity,(that traces its roots to the Roman Senate) then they should restore it. (Even if that means someone standing there in the Senate's well reading from a phone book.)

The reason why I advocate that position is that there should be a certain price to be paid (in terms of public relations) when one filibusters.

As it is today, "fake filibusters" serve only to obstruct progress, while allowing the person that declares the filibuster to escape any accountability whatsoever to the public for their obstructive tactics.

Doing away with real filibusters reminds me of baseball's designated hitter rule. The process lost something when the rule was changed.

The "fake filibuster" serves as only as a device for increasing the number of votes needed to pass a bill.

|| Posted by EdWonk, April 22, 2005 02:24 AM ||

Gee -- i could have written that word for word. You captured my sentiments exactly.

|| Posted by RhymesWithRight, April 22, 2005 05:04 AM ||
Post a comment

Remember personal info?


 

 






» Watcher of Weasels links with: Submitted for Your Approval
» Watcher of Weasels links with: The Council Has Spoken!
AnotherMunublogSmall.jpg





Winner - 2014 Fabulous 50 Blog Awards
Winner - 2014 Fabulous 50 Blog Awards

Winner - 2013 Fabulous 50 Blog Awards

Winner - 2012 Fabulous 50 Blog Awards

Winner - 2011 Fabulous 50 Blog Awards

Winner - 2010 Fabulous 50 Blog Awards

Winner - 2009 Fabulous 50 Blog Awards

Posts by Category

Announcements (posts: 13)
Blogging (posts: 187)
Border Issues & Immigration (posts: 421)
deferred (posts: 4)
Education (posts: 685)
Entertainment & Sports (posts: 483)
Guns & Gun Control (posts: 65)
History (posts: 329)
Humor (posts: 88)
Israel/Middle East (posts: 44)
Medical News (posts: 54)
Military (posts: 273)
News (posts: 1570)
Paid Advertising (posts: 234)
Personal (posts: 108)
Politics (posts: 5261)
Race & Racism (posts: 281)
Religion (posts: 819)
Terrorism (posts: 884)
Texas GOP Platform Reform Project (posts: 4)
The Courts (posts: 310)
Watcher's Council (posts: 482)
World Affairs (posts: 345)

Archives

January 2016
December 2015
November 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
December 0000



MuNuviana



Licensing

Creative Commons License
This weblog is licensed under a Creative Commons License.

Powered By

Powered by
Movable Type 2.64
AnotherMunublogSmall.jpg

Administrative Stuff

Email Me
Syndicate this site (XML)

Advertising Disclosure

adpolicy.gif

About Me

NAME: Greg
AGE: 50-ish
SEX: Male
MARITAL STATUS: Married
OCCUPATION: Social Studies Teacher
LOCATION: Seabrook, TX
DISCLAIMER: All posts reflect my views alone, and not the view of my wife, my dogs, my employer, or anyone else. All comments reflect the view of the commenter, and permitting a comment to remain on this site in no way indicates my support for the ideas expressed in the comment.

Search This Site


Support This Site



Recent Entries

Who Is Regan Theiler And Why Was She Allowed To Spend Public Funds On A Sole Source Contract For Her Part-Time Employer?
Not My Idea Of A Stimulating Evening
About Trump's Liberty University Speech
Do Not Place The Secessionist "Texas Independence" Measure On The 2016 Republican Primary Ballot
Conservatives Vs. Liberal On Those Engaged In Violent Political Activity
Tom Mechler Makes His Case Against Moving The 2016 RPT Convention
Jared Woodfill Makes His Case For Moving The 2016 RPT Convention
Questions About Moving The 2016 RPT Convention
Reject The Call To Move 2016 Republican Party Of Texas Convention
It Is Too Bad That Political Parties Cannot Reject Voters Who Seek To Join, Stop Would-Be Candidates Who Want To Run

Blogroll


Watchers Council
  • Ask Marion
  • Bookworm Room
  • The Colossus of Rhodey
  • The Glittering Eye
  • GrEaT sAtAn"S gIrLfRiEnD
  • The Independent Sentinel
  • JoshuaPundit
  • Liberty's Spirit
  • New Zeal
  • Nice Deb
  • The Noisy Room
  • The Razor
  • Rhymes With Right
  • The Right Planet
  • Simply Jews
  • Virginia Right!
  • Watcher Of Weasels

  • Political & Religious Blogs