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April 25, 2005
Yesterday, the editorial board of the Minneapolis Star Tribune came down squarely on the side of the filibuster in an editorial titled: "Nuking the filibuster/GOP arguments fail smell test." In the Strib's view, the filibuster is the Senate's great contribution to democracy: As the Republicans in the U.S. Senate consider invoking the "nuclear option" of prohibiting filibusters on judicial candidates, a bit of Senate history might be in order. It shows that the arguments being marshaled against the filibuster are sheer sophistry. The Strib thinks that requiring a super-majority to confirm a judicial appointment is a fine thing: In his statement on the "nuclear option," [Senator Norm] Coleman says that senators have a "right to vote 'yes' or 'no' on judges." In fact, they have that right in a cloture vote; it simply takes 60 of them to advance a nomination. As one who is old enough to remember the Civil Rights era, I find it a little disorienting to read liberals' current paeans to that warm-and-fuzzy tool of democracy, the filibuster. In the case of the Strib, however, you don't need to go back that far to find inconsistency. As recently as the Clinton administration, the Strib was fulminating against the filibuster. Reader Martin Vaala dug around in the Strib's archives and came up with this gem from April 23, 1993; click to enlarge: In 1993, portions of President Clinton's domestic program were being filibustered by Republicans, and the Strib was enraged: Down the drain goes President Clinton's economic stimulus package, washed away in the putrid flood of verbiage known as a filibuster. Well, that was different, of course. It was different, too, in 1994, when the Strib wrote an editorial titled: "Stall busters--Don't pull punches in anti-filibuster fight." This time, the Strib hailed the efforts of a bipartisan group that was trying to end the filibuster once and for all: More than a score of distinguished Minnesotans are lending their names today to a national crusade against a worsening threat to American democracy. The threat doesn't spring from economic ills, social decay or foreign menace. It's something that's long been in the U.S. Senate's rule book--the ability of a 41-percent minority to block action with a filibuster. I guess it's safe to say that the crusade is over. UPDATE by SCOTT: Jim Boyd is the deputy editor of the Star Tribune editorial page. Boyd writes: Waiting for the citation from the Star Tribune where we called for a change in Senate rules to outlaw the filibuster on either policy issues or judicial candidates. Sure, we sometimes didn't like them, but can you find a place where we ever called for a rule change? JOHN adds: This is beyond weird. Boyd apparently fired off his email without even bothering to read the Strib's own editorials, which we took the trouble of reproducing in full as part of our post. Here is what the Strib wrote in 1994: The "Action, Not Gridlock" group hopes greater public awareness will rein in the Senate minority's impulse to filibuster. The group has been loath thus far to propose a rules change to make cloture easier for the majority to attain. But a reasonable proposal, like the one advocated by Don Fraser, would provide a useful rallying point for reformers. Fraser favors gradually dropping from 60 to 50 percent the vote required for cloture, over a period of days or weeks. Prolonged debate would still be possible, but a vote could not be forever delayed. If that wasn't an endorsement of Fraser's "reform plan," what was it? Fraser's plan would have ended the filibuster, since, after a specified period of time, a majority would be sufficient to terminate debate. In any event, Boyd's objection doesn't address the point of our post, which was that the Strib's attitude toward filibusters depends entirely on whose ox is being gored. UPDATE 2 by SCOTT: In a subsequent message, Boyd expanded on his email as follows: The main point is that we've never urged Democrats in the Senate to abolish the filibuster, let alone use a point of order maneuver to get around a filibuster on a rules change in order to make a rules change. Nor have we ever urged a Democratic president to make recess appointments of rejected judges, or to bring back rejected judges for a second try. JOHN adds one last word: I'm not sure whether Boyd's second email was sent before or after I put up my update, so I'll close with this brief note: Jim Boyd writes: "Waiting for the citation from the Star Tribune where we called for a change in Senate rules to outlaw the filibuster on either policy issues or judicial candidates. Sure, we sometimes didn't like them, but can you find a place where we ever called for a rule change?" Q.E.D. |