The Gang of 14 helped Bush?
the hardline left was neutered by the gang
By Charles Bird Posted in Congress | filibuster | gang of 14 | The Judicial Confirmation Wars — Comments (37) / Email this page » / Leave a comment »
Two writers from the Weekly Standard made the case that the Gang of 14 proved a success for President Bush and the GOP. For one thing, there was a better-than-even chance that the Frist-led "nuclear option" would crash and burn. For another, except for two judges unfortunately thrown under the bus, Bush's Supreme Court and circuit court nominees were confirmed.
But over the course of the subsequent months, the Gang of 14's agreement proved to be an unequivocal success for proponents of judicial nominations: not only did President Bush successfully seat two conservative judges in the face of vociferous liberal opposition, but he also succeeded in seating a number of controversial lower-court nominees who previously had languished under the filibuster. While the agreement's "extraordinary circumstances" clause was vague and perhaps even unenforceable, the Gang never allowed it to be used successfully to allow a filibuster--most likely because the Gang of 14 also did not foreclose ultimate resort to the nuclear option in such situations.
More below the fold...
I take issue when the writers said that "liberals, by contrast, treated the development as outright victory." It was an entertaining two or three days reading post after post at dKos, with diarist and commenter alike pissing and moaning about those seven moderate Democrats who caved and betrayed their party (sound familiar?). Why were they upset? Because the seven moderate Democrats in the Gang aren't beholden to the liberal blogosphere, MoveOn.org, Code Pink, the ACLU and any of the other hard left pressure groups. The hard Left lost its leverage on judges.
The fact of the matter is this. Since the Gang of 14 began, judicial nominations were taken off the front pages. Why? Because mainstream media loves conflict and controversy, and there have been hardly any partisan fireworks. Bush has nominated judges, the Gang of 14 has given their stamp of approval, and the judges have been confirmed. Where's the excitement in that? Angered conservatives should get past their anger and see the actual results, and they also realize that the "nuclear option" has not been taken off the table.
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Spitballs?!?! / Yo No Soy Marinero, Soy Capitan
Excepting the judges thrown under the bus when the Gang of 14 was formed, how many time did the moderate Dems in the Gang veto a Bush nominee? I'll answer that for you: None.
Excepting for Abe Fortas back in the 1960s, no Republican has filibustered any judicial nomination in American history. Will you also equally blame all of the other GOP Senators who failed to do such a thing? Somehow, I doubt you will.
1. McCain
2. Thompson
3. Giuliani
And thanks to the Weekly Standard. I have always believed that this was a good thing on balance, despite a couple good judges lost. It's a part of the reason I am supporting John McCain.
And should we have a Democratic President and Senate in 2009 (hopefully not the former, but the latter seems guaranteed), aren't we glad we never used the nuclear/constitutional option?
No one of good character leaves behind a wasted life - John McCain
No. For two reasons.
(1) During the 8 years of Clinton's Left-wing judicial nominations, the Republicans never used the filibuster (defined as 60 votes required for cloture) to stop any of those nominees. John McCain never filibustered a single Clinton judicial nominee.
(2) Even if the Republicans did decide to use the filibuster, the Democrats would likely use the nuclear option immediately or get the Liberal press to put pressure on the Republicans to stop their filibustering.
So, we should have used our majority when we had the majority.
When you win elections, you are supposed to govern as though you won. Not do a McCain and give power to the guys you defeated.
Because we believed in letting the President have a qualified nominee, even if their ideology was to the left.
However, I think we could block an extremist nominee by, say, a President Obama and successfully paint Democrats trying to use the nuclear option as hypocrites. We have enough conservative media today to get the message out, which we didn't have in 1994.
No one of good character leaves behind a wasted life - John McCain
a Dem SCOTUS appointment, and the MSM would allow us to paint the Dems as anything, I have a bridge....
"All that need be done for evil to triumph is for good men to do nothing."
was to prevent using the filibuster against judicial appointments. All potential judges should get an up or down vote. They should not be treated like any pedestrian appropriation bill.
...but I was never upset about the gang of 14. It helped us get Roberts and Alito on the Supreme Court and it preserved the filibuster for Republicans in case the Democrats appoint judges.
“.....women and minorities hardest hit”
Agree that iT helped, but it could have been done a better way.
McCain took great pleasure sticking it to the President again and the media played it that way. It worked but he could have worked with Bush if just for perception.
or at least that the White House encouraged them. The outcome of the Nuclear Option vote was unsure and they wanted to get the filibuster off the table. The Gang did that. And thus, Bush was free to nominate whoever he wanted for Justice as long as they were qualified.
Remember Alito didn't get 60 votes, he would have lost a full filibuster vote. The Gang made sure it wouldn't happen. And personally, I don't think Bush nominates Alito if the Gang hadn't existed.
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Angered conservatives should get past their anger and see the actual results, and they also realize that the "nuclear option" has not been taken off the table.
We will not get past that anger. If McCain disappeared from the public scene, that would be a good start, but right now we have a constant reminder, in our face, and of course a nice crew of McCain supporters at RedState to help remind us daily.
Nuclear option is off the table. It is dead, probably for a generation. The next time the GOP has 55 Senators may not be within 10-15 years. And meanwhile two things will happen. One, every time a Democrat president nominates a judge, including the most embarrassingly partisan, Constitution-hating hack (Bader is the perfect example), the Republicans will allow it. Two, every time a Republican president nominates a judge who is eminently qualified, and who reveres the Constitution, the Dems will block him/her if they can muster up 40 votes to do so.
It's war for me, pal. Forever.
Kill the terrorists
Protect the borders
Punch the hippies -- Frank J
"It is our choices that show what we truly are, far more than our abilities." ~Professor Dumbledore
Always good to see you.
Hey, I can respect that there was a limited and temporary success for G14 for conservatives. But it was LIMITED. And TEMPORARY. And it involved sacrificing good judges, thwarting the Constitution, and self-aggrandizing gamesmanship.
Kill the terrorists
Protect the borders
Punch the hippies -- Frank J
Founder and contributor to The Minority Report and Editor for The Hinzsight Report
"All that need be done for evil to triumph is for good men to do nothing."
and I meant to tell you, the "reagan Coalition" blog was inspiring, well-studied, and well-written. Keep it up, brother!
Kill the terrorists
Protect the borders
Punch the hippies -- Frank J
"All that need be done for evil to triumph is for good men to do nothing."
Nuclear option is off the table. It is dead, probably for a generation.
If the Democrats manage to take the White House you will see it enacted the first time the Republicans try to filibuster a judicial nominee. They invented the maneuver. They've used it before. They won't hesitate to use it again.
The Democrats aren't suckers for fake comity like the Republicans are. Kennedy isn't actually serious when he gets up and talks about "my friend, the distinguished colleague from Arizona." McCain really is. There's a fundamental difference there.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
and my continuing level of anger towards Senator McCain and the other 6 Republican dwarfs who foisted this on us.
The nuclear option is not off the table, but for now, the Gang is in play. So far, none of the moderate Dems have vetoed a Bush nominee, so that is a point of success. Second, if a Democrat gets elected and he/she starts nominating extremists, the GOPers in the Gang still have veto power. If the Gang dissolves, the Dems can't use the nuclear option themselves because so many of them are on record as opposing the nuclear option, and the filibuster option still holds for GOP Senators. Seriously, you really should get past your anger and think about this critically, not emotionally.
1. McCain
2. Thompson
3. Giuliani
I'm pretty sure the deal was limited to that one Congress only, so the gang does not exist any more. The fact that the gang is now missing some people would certainly present a complication.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
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Molon Labe!
(1) currently, Bush nominees are not getting hearings and not voted out of committees. And thanks to the Byrd Rule, we are done with Bush judges.
(2) Dem president nominating extremists -- like say, Ruth Bader. Republican Senators, as long as we can remember and certainly today, either lack the fortitude or lack the ill manners to block any nominee, no matter how ridiculous. Such a judge would reach the cloture 60 without even needing the G14.
(3) regarding Dems on record as opposing the nuclear option. As long as you and I have been alive, Dems have had the cover of the Partisan Press to cover their backsides, and they have flip-flopped at will with no fear of reprisal. In fact, over the very issue of judges, Dem senators during the late Clinton administration were yelping about the GOP majority slow-walking nominees. Cries of "give them an up-or-down vote" are recorded for numerous Dem senators who then from 01 to 04 did EXACTLY what they professed to object to.
Those arguments are not compelling to me.
Yes, I'm angry and frustrated. Yes, I despise McCain. To say I mistrust him is to say the Dallas Cowboys are a bunch of pink tutu-wearing wussies [ie, to speak the absurdly obvious]. But it ain't irrational.
Kill the terrorists
Protect the borders
Punch the hippies -- Frank J
Where is the Gang of 14 now?...Bush still has nominees backed up that the Democrats are refusing to give hearings on so where are they now?
The Gang of 14 is nothing but the Gang of Sellouts Who cares if we invoked the nuclear option, what is going to stop a Democratic Senate from doing such a thing if Republicans try to block a Democratic President's Judicial nominees? The Democrats would have no problem invoking it to get their President what he wanted.
2 of them, DeWine and Chaffee lost their seats in '06. A third, Warner is retiring in '08. The other 4 include pro-choice Bobbsey twins from Maine, Collins & Snowe and pro-amnesty John McCain and his little buddy Lindsey Graham.
Now there's no more oak oppression,
For they passed a noble law,
And the trees are all kept equal
By hatchet, axe, and saw.
If McCain months ago would have a come to Jesus meeting with consevites and say I should not have spent the 7 years sticking it to Bush because he kick my butt in 2000. Oh sorry thought I was on Daily Kids site. He has the same problom Hill does half her own party does not trust her. It is a shame
has more validity that I do, obviously, but I have two major issues with the assumption that the Gang of 14 benefited Bush.
The first issue is that the Gang of 14, the nuclear option, or a Democratic filibuster were actually factors in getting Roberts and Alito confirmed. We are not dealing with a Robert Bork, good, bad or indifferent. Like much of the rhetoric that passes through Democrat lips and keyboards, the complaints are mostly for the choir and have no bearing on reality.
The reality is that there was no valid reason for the Senate to refuse to approve the nominations of these two men. The Democrats delayed as long as they could, but various polls made it clear that the public was not behind the Democrats, and they caved, as they have on every other pet issue: Iraq, SCHIP, etc. Unless someone can show that their nominations were in jeopardy, I don't see any contribution from the Gang of 14.
Taking it one step further, after Roberts, the problem was not the Democrats, but scumbag traitorous RINOS more liberal Republicans such as Specter, Snow, Warner, etc. If these votes were lost to the Democrats, then Bush had no chance with Alito. (Hoots of laughter to follow) I believe that the nomination of Miers was to discipline the RINOS, and was never serious. Once the conservative Republicans let their opinion of the Miers nomination be known, Specter, et al fell in line and supported the President's constitutional right to nominate qualified justices without a litmus test.
As evidence of said opinion, reference Specter's performances. First, after Roberts was confirmed, Specter told Bush that he had to nominate a moderate more to the liking of Specter. Miers was duly nominated, and the conservative Senators let Bush AND Specter know how they they felt about it. Unless my memory has totally departed for la-la land, there was talk that maybe Specter was not the right person to chair the Senate Judiciary Committee, and Specter change his "tone" to "advising" the President on his next nomination , two-faced weasel that he is. And Miers withdrew, Alito was nominate and confirmed. Screw the Democrats, it was RINOs that were the problem
The second issue is that it made it possible for the Gang of 14 to sabotoge appointees to the lower courts that don't get the attention of SCOTUS appointees. McCain, Graham, and five other RINOs are surely not so stupid that they do not understand the importance of the lower courts. I could be wrong. They could be that stupid. Two appointees have been thrown under the bus to appease the Democrats. And the RINOs.
Efforts of the members have not been limited to "affecting" judicial appointees. McCain has aided the Dems immensely by his public pronouncements on waterboarding. All in all, the nation, and certainly the GOP, would be better off without them.
Okay, if McCain's only issue with the GOP was the Gang of 14, it wouldn't be that big of a deal. But the list of other things where he has gone against the parties interest is very long. The Gang of 14 is just one more log on the fire. It may only be a twig, but the logs of McCain-Fiengold, McCain Kennedy, etc. is more than enough reason not to support McCain.
Agree--it's just another log on the fire.
Disagree that it's minor, at least for me. Judges are huge for me because if they make it up as they go instead of actually reading the Constitution, all the other conservative values I hold aren't worth the paper they're printed on.
I've held my nose more times than I can count to vote for a GOPer with whom I disagreed with on a whole host of issues (so please don't accuse me of insisting on ideological purity) because the GOP was still, RINOs and all, the party of strict constructionist judges.
I was even contemplating finding the biggest clothespin I could find and voting for Huckabee (if God forbid he got our nomination) on the hope that he would at least appoint good judges (but, alas, that went out the window yesterday with his "the Constitution is a living breathing document" statement).
But John McCain shivved everything I worked for for 25 years with his little Gang of 14 stunt. Why should I listen to anyone tell me that he will appoint constructionist judges in the future? When the future was NOW he punted and stuck his finger in the eye of every person who loyally supported the GOP even when they had to swallow hard. No thanks...better the devil I know then the one in sheep's clothing.
"All that need be done for evil to triumph is for good men to do nothing."
The most straightforward commitment any Originalist could ask for, and what moved him above Johnnie Mac at the bottom of my list.
Agreed, Huck deserved Fred's smack upside the head for using the "living document" codewords when, in context, he was referring to amendments he wanted to see passed, but that should not imply a weakness on judicial appointments.
how shallow and thought-less most of his positions are. For him to use the phrase that is the buzzword of judicial activism reveal either stunning naivite' at best or cluelessness at worst (much like his statements on foreign policy)
"All that need be done for evil to triumph is for good men to do nothing."
but that should not imply a weakness on judicial appointments
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
It was a power grab by 14 senators that think their votes should count for more than the rest of the 86 senators. They simply held the nomination process hostage to increase their power. That's why you had guys like Byrd (and McCain) in the mix. There's nothing praiseworthy about it.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman
What did the gang of 14 give us? You said that "it took judicial nominations off the front pages". But, you forget. Judicial nominations was a WINNING issue for us. It was an issue that got the base fired up.
So let's look at the possibilities at the time.
1. Dems don't filibuster to avoid the nuclear option.
You'd have to say that would be a win for our side.
2. Dems filibuster, Nuclear Option succeeds.
Absolutely a win for our side.
3. Dems filibuster, Nuclear option fails.
Bad, but it identifies the crapweasels we need to find primary opponents for, and replace at all costs. Some judges confirmed, some not.
4. McCain stabs party in back (as usual) with gang of 14 debacle.
Bad. Some conservative nominees get thrown under the Straight Talk Express bus, in the name of mythical Senate comity. Republicans unilaterally disarm when they have the advantage.
Options 3 and 4 are equivalent. Both leave some judges confirmed, some not. But option 3 leaves the Republican base fired up, ready to kick butt and take names. Option 4 leaves the Republican base discouraged.
There may be a universe where this was a good thing. But not this one.
1. The biggest point you overlook is the very end of the WS article, where the tiny write-up about the writers appears. It states that both writers are in favor of the Senate's power to filibuster judicial nominations. That's a pretty big conflict of interest, not to mention a Schmumer position and unconstitutional. The authors should have revealed their leftist bias in the body of the story. It's pathetic that the WS turns to the left to defend their McCain darling.
2. Aren't we ignoring the fact that the gang of 14 on the republican side was the "who's who" of RINOs? Does anyone really think that the Chafees and Snowes have conserative values or a desire for conservative victory in their wicked little hearts?
3. I entirely disagree with the math the authors throw about to defend their case. I'll take the math used by Bork, Limbaugh, former Thomas clerk Ingraham, and other concervative icons over a couple of authors who have previously written in favor of judicial filibusters.
"Greater is an army of sheep led by a lion, than an army of lions led by a sheep" - Defoe

At the time, the Democrats had only 45 seats to the Republicans 55.
Without the "help" of McCain and Graham and Lincoln Chafee, Bush and the Republicans would have been able to confirm one conservative judicial nominee after another.
But McCain allied himself with Chuck Schumer and as a result several conservative judicial nominees, most notably Miguel Estrata, are not sitting on the federal court of appeals today.
Consider that McCain never filibustered a single Clinton juducial nominee during that 8 year period.