I’m positively dumbfounded by the naiveté displayed by the ordinarily rational columnist for the New York Times

Bill Frist should have taken the deal.

Last week, the Senate Democratic leader, Harry Reid, made an offer to head off a nuclear exchange over judicial nominations. Reid offered to allow votes on a few of the judges stuck in limbo if the Republicans would withdraw a few of the others.

But there was another part of the offer that hasn't been publicized. I've been reliably informed that Reid also vowed to prevent a filibuster on the next Supreme Court nominee. Reid said that if liberals tried to filibuster President Bush's pick, he'd come up with five or six Democratic votes to help Republicans close off debate. In other words, barring a scandal or some other exceptional circumstance, Reid would enable Bush's nominee to get a vote and probably be confirmed.

Reid couldn't put this offer in writing because it would outrage liberal interest groups. Frist said he'd think about it, but so far he's let it drop — even though clearing the way for a Supreme Court pick is one of the GOP goals in this dispute.

First, the reason that Reid wouldn’t put the agreement in writing is that he would never follow through with it. The Democrats will try to prevent any Bush nominee to the Supreme Court – especially if it is a female or minority nominee.

Second, Reid wanted to block some of the most qualified nominees – Brown, Owen, and Pryor – who would be likely future Supreme Court picks. Why should Frist agree to hamstring the current president or his successor by agreeing to keep these judges off the bench when doing so means conceding to the unconstitutional acts of the Senate Democrats.

Third, establishing the principle that the minority gets to determine what judges are acceptable in the face of majority support is antithetical to the will of the people. The Democrats have not come out on top in a national election since 1996, and havenÂ’t controlled Congress since 1994. They have been rejected in every election since then. For the party supported by the people to surrender to those opposed to the peopleÂ’s will would be a rank betrayal of the electorate.

No, don’t compromise – go nuclear.

Posted by: Greg at 12:28 PM | No Comments | Add Comment
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