A Wednesday New York Times headline reported, "Filibuster by Senate Republicans blocks confirmation of judicial nominee." Remember the so-called nuclear option?
During the presidency of George W. Bush, Senate Democrats filibustered GOP nominations to the federal bench. Republicans argued that such practices violated the spirit of the Constitution. They said every nominee deserved an up-or-down vote on the Senate floor, and they vowed to change Senate rules to accomplish precisely that. Republicans portrayed themselves as dedicated defenders of constitutional order. They even threatened a "nuclear option" to attain their goals.
The bipartisan Gang of 14 reached a compromise that averted what would have been a catastrophe. The gang did not block all filibusters but restricted their use. The members endured criticism from purists in their respective parties. Republicans in particular suffered abuse from ideologues who considered them RINOs — Republicans in name only.
The rules changed when a Democrat moved into the White House, whereupon Republicans discovered the virtues of filibustering judicial nominees. If the GOP had remained true to the constitutional ideals it once professed, then The Times' headline would not have appeared. President Obama's nominations seldom please moderates, but the GOP's cynical performance mocks conservatism's professed principles. Everyone knew this would happen.
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