Nuclear Option Not Such A Big Bang.



Nuclear Option Not Such A Big Bang.  Three observations about the recent triggering of the nuclear option by Senate Democrats:

1.    Sooner or later, one party or the other was going to eliminate the filibuster on administration nominees.  Elections are contests and the spoils of victory go to the winners.  Part of those spoils is the ability to select who you want to serve in your administration.  It is not surprising that a president chooses those of like mind to serve them.  This leads to the less surprising point that since Republicans don’t like Obama’s liberal philosophy and policies, then they will not like the liberal philosophies and policy opinions of those selected by Obama to serve in his administration.  I really do not have any issue with a simple majority in the Senate holding sway over these type of appointments.  We can only hope that our presidents have the good sense to nominate individuals, regardless of political concerns, who are competent to serve.  On the other hand, court appointments carry life tenures and impact our society far beyond the end of a presidential term.  In the famous (infamous?) words of then-Senator Hillary Clinton when referring to some of then-President George W. Bush’s nominees…”If they can’t get 60 votes, then maybe he should send us another nominee”.  If the case of judicial nominees, there should clearly be a 60 vote requirement and the implementation of the majority rule in this area is a terrible mistake.  Mistake though it is, its intention is crystal clear; which bring us to point number …

2.    President Obama has wasted more opportunity in 5 years than most Presidents even have over 2 full terms.  His raw political passage of Obamacare cost him full control of government after two years and its legacy has been open warfare between the two national parties.  Obama’s skill and lack of shame in the arena of political games has even allowed him to secure some victories (not accomplishments) since the Republicans gained control of the House.  However, now that the sheet is being pulled back on his signature accomplishment and people are seeing it for the farce it is, it is dawning on our president that he is indeed a very lame duck and he will likely lose any effective sway over the Democrats in the House and the Senate.  Bottom line: Anything he might accomplish over his last three years will likely be accomplished through executive actions and not the legislative process.  The only reasonable explanation for extending the nuclear option to judicial appointments is to permit Obama to pack the D. C. Circuit Court with liberal judges who will extend a kind reception to any of his administrative regulations that might come before them.  You have to know that they will be coming in large quantities.

3.    In the past, I have oftentimes been an advocate for a more aggressive legislative approach by the Republican Party.  I have gone so far as to say that they are in the habit of…”bringing a knife to a gun fight”.  The Democratic execution of this nuclear option will no doubt bring future retaliation from the Republicans.  In a legislative environment that was already paralyzed by partisanship, the injection of this issue was the last thing needed to improve the situation.  Now that the precedent has been established, it will be a great temptation for the Democrats in the Senate to extend the majority rule option to legislation.  They may be reluctant because its utility is limited by Republican control of the House.  However, they may be encouraged because some are convinced that Republicans will do it as soon as they regain control of the Senate.  One can only hope that both parties grasp the terrible damage such a move could inflict on our government and our country.  Let us hope that both parties can find leaders with the wisdom to step away from the cliff’s edge and understand that there must be limits to all political contests.