The Filibuster "See, I Told You So"

To all those conservatives who managed to convince themselves that the Sellout of the Supine Seven was a victory for Republicans because a handful of previously blocked judicial nominees got their up or down votes, and that it would even be much more difficult for Democrats to justify renewed filibustering, all I can say is, you're the only cats that can be serially skinned.

The new filibusters are not based publicly on ideologies - as with several of the nominees to the federal bench - but on demands for additional information from the Administration.

Already stalled under that strategy is John R. Bolton, Mr. Bush's pick to be ambassador to the United Nations.

Also, Democrats led by Senator Edward M. Kennedy of Massachusetts stopped a federal appeals court nominee last week by demanding that more of his unpublished legal opinions be provided to them.

Mr. Bush nominated U.S. District Judge Terrence W. Boyle of North Carolina more than four years ago to the 4th U.S. Circuit Court of Appeals, based in Richmond. Judge Boyle had a hearing more than three months ago and has been scheduled numerous times for a Senate Judiciary Committee vote.

Last week, however, Democrats on the Judiciary Committee demanded that Judge Boyle's nomination wait another week and that the Bush administration produce more of his unpublished opinions. Committee Chairman Arlen Specter, Pennsylvania Republican, reluctantly agreed. [my emphasis]

Call it the "comitous filibuster." The Dems will not take a full-bore linear bone-crunching tackle approach, which came so close to getting the confirmation filibuster "nuked" last month, but will simply hide behind a comparatively innocuous stalling gimmick instead. After all, what "moderate" senator is going to be put off by requests for additional information on which to base a vote on lifetime appointments, right?

As Snarlin' Arlen demonstrated, the approach is already working. And without the outward appearance of a forced showdown, the Byrd Option will be a lot more difficult to even suggest, much less invoke, and even less get sustained by majority vote.

Breaking the Dem filibuster was rendered functionally impossible three weeks ago. This rediscovery of a tissue-thin veneer of subtlety on the part of the minority is their insurance policy that converts "functionally" into "completely."

[HT: Captain's Quarters]