{"id":30593,"date":"2017-04-06T15:07:36","date_gmt":"2017-04-06T19:07:36","guid":{"rendered":"http:\/\/www.rightwinggranny.com\/?p=30593"},"modified":"2017-04-06T16:09:41","modified_gmt":"2017-04-06T20:09:41","slug":"the-history-of-the-judicial-filibuster","status":"publish","type":"post","link":"https:\/\/www.rightwinggranny.com\/?p=30593","title":{"rendered":"The History Of The Judicial Filibuster"},"content":{"rendered":"

The following is taken from a transcript of the Rush Limbaugh Show<\/a>:<\/p>\n

All that is happening today is that the Senate is being returned to the rules that lasted for 100 years prior to 2003.<\/strong><\/p>\n

The judicial filibuster was invented by the Democrats<\/a> in 2003. The point is there was no filibuster anywhere\u2026 It\u2019s not even mentioned in the Constitution. It\u2019s a Senate rule. The Senate can make whatever rules it wants. The Democrats\u2026 I just listened to Dick Durbin<\/a>. (paraphrased) They\u2019re talking about decades and centuries of Senate tradition being wiped aside by these evil Republicans<\/a>! The Republicans didn\u2019t do anything but stand aside while the Democrats changed the rules. So all that\u2019s happening is that Democrat rules that created filibustering judicial nominees are now being removed.<\/strong><\/p>\n

That\u2019s all that\u2019s happening. The Senate is being returned to normal. That\u2019s all that\u2019s happening. There is no great earthquake happening here. The Senate is not being forever undermined and changed. But that\u2019s the media\u2019s story, and so the Democrats are going along with it. The media\u2019s devising all this strategy, and they\u2019re showing by virtue of controlling the news how the Democrats should act and what the Democrats should say.<\/strong><\/p>\n

…The Senate has just affirmed the nuclear option on the Gorsuch confirmation. To prove the point that prior to 2003 judicial filibusters didn\u2019t exist, look at Clarence Thomas<\/a>! Clarence Thomas \u2014 after all of that crap that was his confirmation hearings \u2014 was confirmed to the court with fewer than 60 votes. So was Samuel Alito<\/a>, and there have been others.<\/strong><\/p>\n

But in the modern era, those are two prominent justices confirmed with fewer than 60 votes. The filibuster didn\u2019t exist. The Democrats invented the judicial filibuster in 2003 to stop the nominees to lower courts of George W. Bush<\/a>. Harry Reid<\/a> pulled it again in 2013 to include all presidential judicial nominations except those nominated for the Supreme Court. What McConnell has done today is not alter the Constitution.<\/strong><\/p>\n

McConnell and the Republicans have not nuclearized the Constitution. They have not actually triggered a nuclear option. That\u2019s just words. All that\u2019s happened here is that Mitch McConnell<\/a> has returned to the Senate its rules that existed prior to the Democrats changing them in 2003. And, by the way, the Senate can make whatever rules it wants. And if a majority votes on the rules change, then it\u2019s changed. The Constitution does not say anything about filibusters, because the filibuster was not actually invented until long after the country was founded and began operating.<\/strong><\/p>\n

So what is this actually about? This whole exercise was nothing more than a political game of chicken. I am still not convinced that the Democrats thought the Republicans would use the nuclear option. There will be Senate and House seats up for grabs in 2018. The recent track record of the Democrats in Senate and House elections is abysmal. It is hoped that all this fuss about the nuclear option (and forcing the Republicans to use it) will energize the Democratic voter base. It has nothing to do with the qualifications of Judge Gorsuch (and it doesn’t even have anything to do with Judge Merrick Garland<\/a>). Judge Garland is a good excuse for the Democrats to throw the temper tantrum they are currently throwing. It’s all about the next election. That shouldn’t surprise anyone.<\/p>\n","protected":false},"excerpt":{"rendered":"

The following is taken from a transcript of the Rush Limbaugh Show: All that is happening today is that the Senate is being returned to the rules that lasted for 100 years prior to 2003. The judicial filibuster was invented … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[2476,3038,272,712,251,734,10602,2610,933,1455],"class_list":["post-30593","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-antonin-scalia","tag-chuck-schumer","tag-clarence-thomas","tag-democratic-party-united-states","tag-george-w-bush","tag-mitch-mcconnell","tag-neil-gorsuch","tag-samuel-alito","tag-supreme-court-of-the-united-states","tag-united-states-senate-committee-on-the-judiciary"],"_links":{"self":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/30593","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30593"}],"version-history":[{"count":3,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/30593\/revisions"}],"predecessor-version":[{"id":30596,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=\/wp\/v2\/posts\/30593\/revisions\/30596"}],"wp:attachment":[{"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30593"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30593"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.rightwinggranny.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30593"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}