Party leaders must solve divisive filibuster issue

The following editorial appeared Wednesday in the Dallas Morning News:

Before you tear down the fence, be sure you know why the fence exists.

That bit of common-sense advice should guide Senate Majority Leader Bill Frist and Democratic leader Harry Reid if they are serious about averting an ugly, divisive rules showdown over the use of the filibuster to block judicial nominees. Their talks to prevent this partisan clash have yielded little so far. Tuesday, Frist rejected Reid’s compromise offer.

They need to succeed. Senate Democrats have threatened to use the parliamentary tactic to block the confirmations of presidential appointees to federal judgeships and possibly grinding the Senate to a standstill.

In response, Republicans have threatened to eliminate filibusters of all judicial nominations, a rules change that would make confirmation possible with a simple majority of 51 votes, instead of the 60 needed to halt a filibuster.

This is political madness. The filibuster exists so the minority party can challenge the majority. Over the years, both parties have used – and sometimes abused – the tactic.

Presidential nominees deserve timely, in-depth confirmation hearings, and the Democrats’ tactics border on parliamentary abuse. Republican threats to abolish the filibuster for political expediency are equally egregious.

Senate Democrats must stop the filibuster threats. President Bush should promise not to sidestep the Senate with recess appointments to the federal bench. Senators of both parties must commit to giving each nominee a fair, vigorous hearing.

The raw exercise of political power on both sides of the aisle is bullheaded, shortsighted and wrong. It must end now.