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Other Columns by Paul M. Weyrich
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Constitutional Option: Gang of Fourteen Won the Battle, Not the War
By Paul M. Weyrich
May 30, 2005
Page 2 of 3
The constitutional option remains on the table. Senator Frist promised that if Democrats revert to their usual behavior he would not hesitate to reject that option. He needs two more Republicans to make it work. He needs 50 votes and the Vice President's vote to have the majority required to insure that a simple majority could confirm federal judges and Supreme Court Justices.
Both Senators Graham and DeWine warned that if Democrats break the agreement they won't hesitate to return to their original commitment. They may have reason to want to do so. Several pro-family groups, which worked diligently on this issue, are making life miserable for both senators back home. Ohio Senator DeWine's son Pat could suffer the wrath of pro-family groups in his congressional race to succeed Rep. Rob Portman (R-OH), who resigned to become U.S. Trade Representative. Pat DeWine has led by double digits in the race for the GOP nomination and thus is certain to win the election to replace Ambassador Portman. Even though Pat DeWine is far more conservative than his father, some voters say that they must teach his father a lesson by working against his son. He still is favored over former Republican Rep. Bob McEwen and others but he may not have the cakewalk he expected.


Senator John Warner, who may not run in 2008, said he might vote for the constitutional option if the Democrats continue to practice unacceptable behavior toward judicial nominees. So Frist could win that battle after all.
When these self-professed Saviors of the Republic announced their deal the media went wild. Now we again will have comity in the Senate. Comity existed when Republicans capitulated to Democrats who prevailed on virtually every issue.
The media hates the "poisonous partisan atmosphere" in the Senate because Republicans have ignored Democrats during negotiations and have proceeded as if they won. The ink was hardly dry on the praiseworthy commentaries lauding the return of comity when the Bolton nomination came up for a vote. Because Democrats filibustered that vote Bill Frist was four votes short of getting cloture or stopping the debate. Bolton will win an up-or-down vote. It is simply that Democrats won't let the Senate get that far. So much for comity.
What is most dangerous about the agreement put forth by the Gang of Fourteen is that it basically demanded that President George W. Bush recommend any Supreme Court nominee to them ahead of time. Subsequently, the Gang would advise the President about which Supreme Court nominee would be filibustered and which would be approved by a super-majority vote (60 plus votes). That request would put this cabal rather than the President in charge of who would sit on the Supreme Court.
The Gang of Fourteen said it only would filibuster a Supreme Court nominee in "extraordinary circumstances." What is the definition of "extraordinary circumstances?" Any nominee who has a conservative record of any kind. It is not merely pro-life that is the problem. One nominee the Democrats of the Gang of Fourteen vow to filibuster is disliked by radical environmentalists.
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