The Discerning Texan

Tonight on Special Report with Brit Hume, I saw Bill Kristol and Charles Krauthammer predict that the Republicans would not change the rules of the Senate to disallow filibusters, with the nomination of Texas Justice Priscilla Owen due to come up again on Thursday. I cannot begin to say how angry this makes me. If true, all of this talk about the President and the Republicans "spending political capital" will once again be shown to be a house of cards. Kristol and Krauthammer seemed to believe that the Republicans would wait until a Supreme Court nomination came up to play this card, but I personally think this would be a huge mistake: for no one can predict with any accuracy what else in the world will be going on whenever the high court nomination does come up, nor what the public mood will be at that time, etc.

Whereas today...today the country is reeling and angry about the recent judicial travesty resulting in the death of Terri Schiavo. There is still bitterness and dismay at the inattention that the Supreme Court gives to the Constitution, as demonstrated by its recent "arbitrary" death penalty ruling, using foreign law and public opinion as "precedents" to determine the (ahem..) "Constitutionality" of putting a 17-year old cold blooded murderer (who bragged of his "exploits") to death... The President is still hugely popular, the tide in Iraq is turning, new democracies are sprouting up all over the world. The time could not be better to make this move. And good Judges like Ms. Owen deserve an up or down vote. Assuming that the Republicans are going to have to play this card eventually (and there is nothing more critical to our country's future, in my own view), why not do it now when we know the inevitable negative canyption fit that the mainstream media will have can be managed and be mitigated by all of the other positives? What if a national crisis is going on whenever we do get another opportunity to do this? I think the Senate leadership is making a critical mistake, assuming it has the votes to change the rules. And if it does not have the votes, then it is time for the Specters, McCains, Chafees, and Snowes to be exposed for the unprincipled non-team players they all are. Take McCain for example. If McCain really does ever want to be the Republican nominee for President, a nay vote against a rules change could very well doom his chances with the conservative base of the party. I do not believe McCain would be that stupid. Likewise, if Frist does not force this issue, then conservatives might observe that Mr. Frist does not share the same backbone that our President demonstrates each and every day. And therefore that Mr. Frist also would not make a good President...so why would he not bring this to a vote?

Several days ago, I participated in a symposium at Homespun Bloggers on this question, and came down squarely on the side of changing the rules to allow President Bush an up or down vote on his nominees. And I wasn't the only one. And if Kristol and Krauthammer are indeed correct that the Republican leadership is going to back down from its ultimatum to the Democrats, it will be a shameful day indeed, particularly in light of the judicial travesties that have occurred in recent weeks.

UPDATE: It is good to see that my man John Cornyn is all over this issue as well. This is important stuff, folks. This is a real fork in the road. We have got to reform our judiciary before it is too late for all of us.