Uneasy Rhetoric

The L.A. Times ran a surprising little editorial today. In “Nuke it, Already,” they call for an end to the filibuster, not just for judicial nominees, but for everything.

As a liberal living under a conservative regime, the thought of the Republicans being able to force ultra-conservative judicial nominees, or any legislation for that matter, gets me riled up. Furthermore, I get some pleasure out of the fact that the Republicans are simply tasting the same bitter pill they gave to the Democrats during the Clinton administration, when, under the chairmanship of Orrin Hatch, the Senate Judiciary committee acted on judicial appointments about as frequently as Haley’s Comet visits the Earth.

On the other hand, in general I’m not a fan of the filibuster, even as I route for it when it works in my political favor. It blocks good legislation as well as bad (the Times story points to its use in delaying civil rights legislation). If we live in a majority rule system, then we should respect that majority, preserving super-majority decision making only for the direst of circumstances, like impeachment. Granted, that may lead to bad legislation. In my mind, however, bad legislation is often necessary to get people worked up enough to vote bad politicians out of office.

But you can bet that, if the Republicans get rid of the filibuster, they will regret it come a Democratic majority, and you can bet that the whining will be just as loud then. I don’t mean that as a condemnation of the Republicans; if the Democrats had eliminated the filibuster during their majority, they would be whining bitterly now.

Does that mean the Senate should roll over on W’s appointments? Absolutely not. Argue bitterly. Talk them up in the press. Keep them in the public consciousness. Do everything humanly possible to inform a woefully uncaring electorate (the real travesty in this story) about the awesome power of the federal judiciary.

If the Republicans get rid of the filibuster, it will be the end of a venerable Senate institution, but it won’t be the end of the world. If anything, it will give the Democrats more firepower when they argue about how extreme the Republican party has become.