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since the only way they can block a judicial nominee will be with a fillibuster, but they have this gang of 14 agreement, they are going to smile and confirm Roberts with a bipartisan majority since there is no way, even with every Democrat voting party line, they can stop Robets.
Then, when Bush sends up a nominee for Sandra Day O'Conner's Supreme Court Seat, if they don't like the nominee, they will fillibuster - and can point to the Roberts nomination to show as an example of how reasonable they can be with a qualified nominee.
They can't use the fillibuster yet because of the agreement, but after setting a standard of reasonablenees this time they can demonstrate the extrordinary circumstances of the next nominee.
Or, Bush could send forward someone who the Dems see as the best they are going to do, and then the pressure of the possibility of a fillibuster will have tempered the Bush selection.
I'm not sure of the outcome of this game of chicken, but since the Dems are so clearly in a minority, I don't see what they have to lose. They are virtually powerless in their current minority position.
Of course, if they can't come up with a filibuster proof 40 votes next time, then we will be screwed on both nominees and will all be taking a look the possible four or more turn coats, and whether they are earning their keep.
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