No...
FromTexas said:
I'm just wondering how Byrd's preferred majority rule in the 70s is so different than now, or the Democrats cries of straight up or down votes being the democratic way during the Clinton years for nominees, or what about when it was okay to block the fillibuster because it was for civil rights legislation, or why 66 is better than 60 or 51 by the Constitution, or heck, what exactly leads to interpretation of "by and with the Advice and Consent of the Senate" can be interpreted to be more than a majority vote or a 66 vote or a 60 vote; or why all of this is such a historical disaster over any other political move of the past 200+ years?
Am I wondering too much?
...you're not wondering too much.
the judiciary, with it's life time appointments, is THE modern battleground for the wings of both parties. It becomes more acute on the left with the fact that more often than not, in the modern era, the President is most likely going to be a Republican.
As you know this all began with Bork. After the war over his nomination, which never got a Senate vote BTW, the left started screaming 'you must send us judges we can ALL agree on'.
Now, that's not what the Constitution says but it sounds good. Pressed further, they wanted people with American Bar Association ratings of such a number or better signifying that if the Bar liked them then they'd be more broadly agreeable. There were also other group signings off they offered as evidence of an acceptable candidate.
Well, the what, 10 or so, Bush nominees who have not gotten their vote, including several women and minorities, ALL of them have sterling reputations and pass with flying colors all of the 'compromise' requirements the left has launched.
So now it's all personal and it's all playing to extremists on the left. These nominees are acceptable by just about everyone.
Frist should pull the trigger and toss the filibuster option on Judicial nominees. There is a Constitutional allowance for 'advice and consent' of the Senate which is expressed through a vote. The Constitution does not lay out a Super Majority requirement in the nomination of judges.
Simple.