Avoid the Trap

Sean Rushton is reporting that Sen. Ken Salazar (D-CO) has proposed a "compromise" that would seem at first glance to be a full surrender by the DemocRATS. In fine Clintonesque fashion the alleged deal would allow votes on all of the President's current nominees but maintain the filibuster for "extreme circumstances". This phrase essentially means Supreme Court nominations.

Remember back in November when Sen. Specter issued a statement in which he acknowledged that there was precedent for changing the rules with a majority vote? Well now he rightly claims that he did not endorse the constitutional option. This "deal" is the same thing.

Republicans must not agree to any deal that maintains the filibuster as an option for stopping judicial nominations. Doing so would in fact be a capitulation of mammoth proportions and simply delay a vote on the constitutional option until a SCOTUS nomination. At that point, turncoat Republicans, the same people involved in the current negotiations, would be even less likely to support the constitutional option.

Republicans need to learn that there is one word to remember above all others in governing. Liberty? Constitutionalism? Restraint? No, five. You need five votes to win. Taking Salazar up on his proposal would not help us get to five. In fact, it would be a sure sign that we'd drop to two instead of maintaining three conservatives on the high Court by ensuring that any opponent of Stenburg, anyone who doesn't find a right to gay marriage, and anyone who actually thinks that the Constitution restrains any branch of government will not become a Supreme Court Justice.

NO DEAL. NO WAY. NO HOW.

It's time to bust the busters and pave the way for a 51 vote threshold for all future SCOTUS nominees, just like the Constitution requires.