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May 17, 2011


Ray Lodato

Actually, Kent, no--the Fortas filibuster had nothing to do with the Wolfson retainer, which was the matter that caused Fortas's resignation. Fortas did not resign over the fee he received from American University, which did come up during his hearings for elevation to Chief Justice.

No matter--the American U. fee was not the reason for the filibuster. The pro-civil rights rulings of the Warren Court were the reason.


The politicization of the judicial nomination process was always there to some extent but was greatly increased by the Reagan Administration in the early '80s. This is not a value judgment. It is a matter of what happened. Since then, Republicans were more one note on this issue, but the difference (at least apart from the Supreme Court) isn't enough to likely convince strong believers.

Liu has some top conservative legal minds on his side. If he can't get an up/down vote, who would?

Pat Buchanan

He has such a pretty smile!

Sick of the Threats

No matter who fired the first shot, can anyone honestly say that Liu's thinking and brainpower are not at least on a par with ... Clarence Thomas? (There's someone who got an up-or-down vote, and whose ideas are way, waaay out there, even compared to all his peers on the federal bench.)

I'm a Republican, but I am really tired of the games while the bench remains under-filled.

It's put up or shut up time. If they oppose cloture, senators should actually be required to filibuster. Stay standing all night reading the phone book like principled people; don't just threaten it. Vote against cloture, and if you believe what you say, filibuster.

Kent Scheidegger

Actually, Ray, Fortas was "ethically challenged" and subsequently resigned from the Court in disgrace. That's a completely different matter.

Ray Lodato

Actually, Darren, the beginning of "judge wars" really goes back to the Republicans' attack on Fortas's ascendancy to Chief in 1968. Bork and Thomas, both of whom got votes (as Michael notes), came much later.

Michael Masinter

Bork and Thomas had up or down votes; neither was filibustered. Liu should get the same treatment, particularly in light of the compromise over judicial nomination filibusters reached during the Bush presidency that resulted in a vote on Judge Pryor. Absent the compromise, Judge Pryor's nomination would have died in a filibuster.

Darren McKinney

No, Rick, the GOP didn't start this war. The Dems did, first with Bork, and then with Clarence Thomas. What has happened subsequently, including filibusters, is simply the escalation of arms that has occurred in all of history's major wars.

Liberals can't now credibly portray themselves as pacifist victims. Led by the likes of ill-temepred ideologue Ted Kennedy, the left wrote the book on conspiring with like-minded interest groups to attack conservative nominees in the press for months in advance of hearings and otherwsie politicizing the process well beyond what had been traditional bounds. Liu and his supporters are now merely reaping what their ilk has sown.



Disagree...Estrada would have likely been confirmed after the Gang of 14 compromise...He withdrew his nomination before that agreement was formed....

Let's remember something...All this judicial blockcading started in the Clinton admin where republican blocked countless nominees - 45 to be exact...Democrats have always played fair w/republican nominees...And don't bring up Mr. Bork, he was never filibustered...He had a SJC hearing and a full senate vote...He was defeated soundly (58-42), even 6 republicans voted against him..


Obama should send in SEAL TEAM 6. Why? The GOP wants this guy Liu real bad. He's history.


Rick: "All got their up/down vote" I guess you have forgotten Miguel Estrada. There was no vote. What's good for the goose, and all that.


George W Bush's very controversial nominees, who were also Court of Appeals nominees (and there were ALOT of them per the link below) were confirmed...All got their up/down vote...

Well, a democratic president is entitled to the same treatment of his nominees...Goodwin Liu should have been confirmed a year ago...

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