...The Dems need to make an issue of the "advise" part of "advise and consent" phrase and put together their own list of potential nominees. There is almost no hope that they can get Bush to pick one of them but I think it is important in the framing of the debate that they try. I would put together a list of about a dozen candidates and tell the president that absent any unforeseen information coming to light any of the twelve could expect swift confirmation. On the list put 3 or 4 names that you would love to have but know you would never get, 3 or 4 names of candidates that you name just to appeal to whatever constituency you need to make happy that week, and, most importantly 3 or 4 moderate to conservative nominees that you don't really care for but figure you can live with considering that the alternative from Bush will be much much worse....
This is the main part of the argument I posted over at
http://threewaynews.blogspot.com/ permanent link:
http://threewaynews.blogspot.com/2005/07/and-then-there-were-8.html
With the coming confirmation fight we will now see what the Democrats and Harry Reid are made of. I have a suggestion for them. It's the same suggestion I sent, to no avail, in a letter to Tom Daschle back in the first Bush administration. The Dems need to make an issue of the "advise" part of "advise and consent" phrase and put together their own list of potential nominees. There is almost no hope that they can get Bush to pick one of them but I think it is important in the framing of the debate that they try. I would put together a list of about a dozen candidates and tell the president that absent any unforeseen information coming to light any of the twelve could expect swift confirmation. On the list put 3 or 4 names that you would love to have but know you would never get, 3 or 4 names of candidates that you name just to appeal to whatever constituency you need to make happy that week, and, most importantly 3 or 4 moderate to conservative nominees that you don't really care for but figure you can live with considering that the alternative from Bush will be much much worse. The best case scenario is that Bush (currently at a low point in public popularity) decides to forego a big fight (maybe saving that for chief justice or just worried about midterm elections) and picks someone we can life with. We then hope he or she turns out like Souter. Of course I have seen nothing in the last 5 years that makes me think W would do anything other than make the most extreme nomination possible but that doesn't mean we shouldn't at least try. If nothing else having a list out there changes the grounds of the debate a little. Instead of just having to argue in a vacuum that W's nominee is unsuitable for the court we will be able contrast him or her with a list of other acceptable candidates and ask publicly, "Why did you nominate the controversial X rather than the universally respected Y that we promised would be easily confirmed? You are obviously more concerned with politics than with a fair and impartial Supreme Court?" Will that be enough to win the battle? Likely not, but it will help and it's about time we got out in front of an issue for a change.
This also help's set the table for a filibuster if needed. The agreement worked out a couple months ago said the Dems would only resort to a filibuster in extraordinary circumstances. It's hard to make the case that someone is so extreme as to be unsuitable for the court (OK, it's not hard to make that argument to me or most 3WN readers but it is to people who have only gotten the limited information TV news is likely to give out.) On the other hand it is easier to make that case when you can say the president has rejected an entire list of highly qualified and respected judges to try to force thru a purely ideological pick.