Filibuster Deal Puts Democrats In a Bind

WaPo reports Democrats' hopes of blocking a staunchly conservative Supreme Court nominee on ideological grounds could be seriously undermined by the six-week-old bipartisan deal on judicial nominees, key senators said yesterday. With President Bush expected to name a successor to Justice Sandra Day O'Connor next week, liberals are laying the groundwork to challenge the nominee if he or she leans solidly to the right on affirmative action, abortion and other contentious issues. But even if they can show that the nominee has sharply held views on matters that divide many Americans, some of the 14 senators who crafted the May 23 compromise appear poised to prevent that strategy from blocking confirmation to the high court, according to numerous interviews.

Joe Gandelman blogged Part of the problem is the political context of early 21st century America. If the right feels at times under attack and the left feels at times under attack, in a polarized polity the center is always under attack.

Left Wing Steve Soto blogged Those of you who argued that the nuclear option deal was a mistake may be proven right after all.

Digby blogged The distinction is crucial because Democrats want to force Bush to pick a centrist, not a staunch conservative as many activist groups on the political right desire. Holding only 44 of the Senate's 100 seats, Democrats have no way to block a Republican-backed nominee without employing a filibuster, which takes 60 votes to stop.

Kevin Drum blogged Sheesh. So the "moderate" Graham says absolutely anything goes, and his Democratic counterpart pretty much agrees in advance: Janice Rogers Brown now represents the acceptable preapproved limit of judicial wingnuttery. That's some sharp strategerizing, Ben.

As we discussed earlier both Ginsburg and Breyer were treated fairly at a time when president's party -- Democrats -- also controlled the Senate. The difference between the way Republicans behaved then, and the way Democrats are behaving now, is almost as stark as the difference between Good and Evil.