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The Excellent Nomination Position of our President

by John F. Tamburo, Editor in Chief, Publisher
Originally Posted: 7/7/2005 12:24:07 PM

George W. Bush, our beloved President, is in an excellent position in the upcoming Supreme Court nomination fight.  The socialist leftists will be in an untenable position.  The 2006 elections are a year and a half away.  Justice Sandra Day O’Connor’s retirement could not have come at a more ideal time.  This summer will be the summer of the liberals’ last stand!

"Our beloved president can nominate anyone he wants.  If that nominee is not confirmed because of a filibuster, expect the unseating of the class-of-2006 Democrats on the Gang of 14."

Our beloved president can nominate anyone he wants.  If that nominee is not confirmed because of a filibuster, expect the unseating of the class-of-2006 Democrats on the Gang of 14.  Lieberman (D-CT), Ben Nelson (D-NE), and Robert Byrd (D-Ku Klux Klan) can all pack their bags unless they bolt and support the Nuclear option.  I actually expect that, if there is a filibuster and the Gang of 14 does not crush it, the gang itself will implode.  Sens. Lieberman and Ben Nelson may actually jump and vote for the Nuclear option!

So let’s analyze a bit...

Scenario 1: The best thing the President can do is nominate one of the three judges that the Gang of 14 has already agreed upon:  Janice Rogers Brown.  She is the originalists’ dream justice, and would be perfectly at home with Justices Scalia and Thomas.  She has just been approved for the D.C. Circuit, so the Gang of 14 will be over a barrel unless they all support a cloture vote.  Pragmatism will dictate that the Gang of 14 would vote cloture rather than be seen as welchers and risk the nuclear option.  Justice Brown is seated before October and President Bush gets the benefit.

Scenario 2: Our President nominates Judge Brown.  Gang of 14 fractures, but self-serving senators from the Democratic party, comprised mostly of those up for re-election in 2006, vote for cloture.  Democrats seen as deal-breakers and extremists.  Justice Brown takes seat, President Bush gets benefit.

Scenario 3: Our President nominates Judge Brown.  The filibuster is not broken because Sens. Byrd and Inouye invoke the "extreme circumstances option."  This enrages the people.  The Gang of 14 Senators who are up in 2006 (DeWine, Lieberman, Chaffee, Snowe, Ben Nelson), act to save their political lives and vote for the Nuclear option along with at least two GOP Senators.  Nuclear Option triggered with help from VP Cheney.  Justice Brown takes seat; Senate never filibusters judicial nominations ever again.  Democrats look really bad.  Bill Frist moves into front-runner status for 2008.  President Bush gets the benefit.

Scenario 4: Our President nominates Judge Brown.  The filibuster is not broken, but Bill Frist falls short of the requisite votes to go Nuclear because Gang of 14 holds at least partly together.  Justice O’Connor stays on court while fight continues (she has resigned effective next term or confirmation of successor).  Democrats look like the deal-breaking obstructionists that they are.  Several Democrat senators from the Gang of 14 unseated.  GOP Senate count after 2006 is 61 or 62, filibuster proof.  People solve problem; President Bush renominates Judge Brown.  President Bush and GOP reap tremendous benefit.  Next president named Frist, or Rice.

Scenario 5: Our President nominates Judge Brown.  Gang of 14 fractures, and Sens. Lieberman and Ben Nelson have had enough.  They defect to GOP and vote Nuclear.  So do McCain, Graham, Chaffee and Snowe.  Frist gets gigantic boost, McCain claims that he was snookered and that is why he came on board to go nuclear.  Justice Brown takes seat.  President Bush boosted.  2006 elections result in GOP Senate count of 62-63.  Next President is Frist or Rice.

The Democrats are in a no-win situation here.  Their only hope is in the impossible:  the nomination of a left-wing extremist by our President.  That won’t happen.  In fact, with Karl Rove in the strategy position, I fully expect Janice Rogers Brown to get the nod.  Nothing at all could make me happier.