May 24, 2005

Filibuster Not Saved, Just A Reprieve

Kos seems to think the recent deal from 14 Senators to proceed to voting on three court nominees without filibuster or rule changes is a good thing for Democrats because they'll be able to filibuster a Supreme Court nominee this year. Of course, what he doesn't seem to realize is that the agreement itself does little besides give Bush three of his nominees and delay the actual rules fight for later.

It's not as though the remaining blocked nominees are gone. They're still waiting, and if the fourteen Senators in the deal don't pull a repeat on the next nominees then the rules fight will come anyway.

The deal includes a promise from the fourteen not to remove the filibuster in exchange for these three nominees. The Democrats hold onto the filibuster for the most extraordinary cases. Of course, if they should filibuster then the Republicans can support the rules change. The deal falls apart.

This doesn't change anything beside getting three nominees into robes and hopefully generating some goodwill between the sides. If the Democrats try to filibuster the SCOTUS nominee Frist will just take a rules change to the floor anyway. More likely they'll modify the rules in the course of fighting over the remaining nominees.


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