{"id":22584,"date":"2005-05-09T01:01:01","date_gmt":"2011-05-19T06:55:05","guid":{"rendered":""},"modified":"2021-03-22T17:05:27","modified_gmt":"2021-03-22T21:05:27","slug":"judges_are_gop_senate_litmus_test","status":"publish","type":"post","link":"https:\/\/admin.rushlimbaugh.com\/daily\/2005\/05\/09\/judges_are_gop_senate_litmus_test\/","title":{"rendered":"Judges Are GOP Senate Litmus Test"},"content":{"rendered":"

RUSH: Now, Wall Street Journal today is running a little blurb in their political diary at OpinionJournal.com, and it begins this way: “GOP Senator Trent Lott has been itching for a way to get back into the political limelight ever since his injudicious comments at a birthday party for the late Strom Thurmond cost him the job of majority leader. Senator Ben Nelson is a Democrat from Nebraska who is desperate to assert his independence from the Democratic Party whose nominee only won 33% of the vote in his state, Nebraska, in 2004.<\/p>\n

\"\"Now, together these two guys, these two senators have found common cause in promoting a way to avert the imminent confrontation over judicial filibusters,” and that\u2019s where Roll Call gets into the act. “They are reporting that the two senators believe they\u2019re close to a deal that could avert triggering of the so-called nuclear option. The deal would do this. It would involve having a half dozen members of each party sign a memo of understanding that would bind all of them to certain actions on judicial nominations. The six Republicans would agree to block Majority Leader Bill Frist\u2019s plan to invoke the nuclear option and to give up trying to seek confirmation of three of the seven federal appeals court nominees who were filibustered in the last Congress. For their part the six Democrats would pledge to allow votes on the other four nominees, and vote to cut off filibusters on all other judicial nominees named by President Bush for the next year and a half, except in ‘extreme circumstances,'” quote, unquote.<\/p>\n

The deal would include nominees for the Supreme Court, which could see one or two vacancies this summer. No commitments would be made for any nominations made after the 2006 elections. Now, this is not a deal that would satisfy anybody, but what it would do, it would accomplish what the Senate is best at, and that\u2019s punting. Punting a problem like judicial filibusters down the road and just moving it down the road so it doesn\u2019t have to be dealt with now — and it probably wouldn\u2019t even solve the impasse temporarily. After all, one senator\u2019s definition of “extreme circumstances” may differ from another\u2019s. The Senate could be back into pitched warfare all over again. What this means, among other things, is that the nomination of Janice Rogers Brown would be killed. I am told that Senator Specter is ready to go for this. I\u2019m told that Specter is ready to go for this.<\/p>\n

These guys on our side, folks, I just don\u2019t understand it. They are so afraid of upsetting long-standing Senate tradition. I\u2019m having trouble keeping up with this. “Long-standing Senate tradition” is what the Democrats have violated. The filibustering of judges is unconstitutional. It undermines the president and the Senate\u2019s constitutional powers. And why? Because a small minority of leftist senators refuse to abide by the election results. That\u2019s all this is — and our guys on the Republican side, at least some of them, apparently, don\u2019t care to fight that out. I think this is going to be a litmus test, folks. You talk about litmus tests? We want the Senate to defend the Constitution.<\/p>\n

We want the Senate Republicans to defend the prerogatives of this president as in every past president and we want a vote. We want a vote on changing the filibuster so we know where each of these senators stands on such an important issue. This isn\u2019t another pork bill or spending bill that you can just punt down the road and deal with later. This is a constitutional matter. You know, I\u2019m getting blue in the face, but it seems necessary to warn Republican senators: This issue is extremely important to the grassroots out there. This is something that matters to the base, and they voted on this, and they\u2019ll vote on it again in the future however it turns out, and what we\u2019re all concerned about here is the power the judiciary exercises in this country today — and we\u2019re concerned that not enough is being done about it by elected branches.<\/p>\n

And if a Republican majority in the Senate can\u2019t even — or worse, even, won\u2019t — step to the plate to reinstitute what was the status quo for 214 years and push back the Chuck Schumers and Ted Kennedys and the Joe Bidens, then what principles do they stand for? This isn\u2019t about the Senate “getting along.” That was thrown to the wind when the Democrats started filibustering and undermining 214 years of history. This is about defending the Constitution. We elected a Republican majority in the Senate. We expect them to represent us. It\u2019s no more complicated than that. “Oh, no. No, no, Rush! You don\u2019t understand. We must have comity in the Senate. People must get along, the staid tradition of the Senate, the saucer cooling the overheated coffee. Why, that must be maintained, Rush. Get with it.”<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: All right, let me just reset the table with the deal. It\u2019s not done yet, but Trent Lott, Republican, Ben Nelson, Democrat, are working on this deal that would avert the triggering of the nuclear option, and it would have six members of each party — six Democrats, six Republican senators — sign a memo of understanding that would bind all of them to certain actions on judicial nominees. The deal is basically this: The six Republicans would agree to block Majority Leader Bill Frist\u2019s plan to invoke the nuclear option and give up seeking confirmation of three of the seven federal appeals court nominees filibustered in the last Congress. This is essentially the identical deal that we read about in the David Broder piece two Sundays ago that Biden then started talking about on television the same morning, and among those three would be Janice Rogers Brown. She\u2019d be axed on this.<\/p>\n

Now, what would the Democrats do on their part of the deal? Well, they would pledge to allow votes — just six of them, because you get six Republicans and six Democrats, that\u2019s enough to throw everybody off, filibusters, nuclear option, everything else. They\u2019re trying to find six Democrats and Republicans to do this. The Democrats would promise to allow votes on the other four nominees and vote to cut off filibusters on all other judicial nominees named by President Bush for the next year and a half except in “extreme circumstances.” Well, one of these six Democrats is all it would take to say, “Well, that\u2019s extreme circumstances. I\u2019m breaking the deal.” It gives the Democrats everything they want. It gives the Democrats everything they\u2019ve proposed. The Democrats are the minority, and this lets them run the show.<\/p>\n

\"\"Let me go to the audio sound bites. This was discussed, not the deal per se; that just hit this morning, but just to show you what we\u2019re up against out there. We\u2019ll start out with Carl Levin. This on This Week with Stephanopoulos, and Stephanopoulos said, “Senator Levin, the possible showdown in the Senate over whether or not to change the Senate rules to prevent a filibuster of judicial nominees, one possible compromise that\u2019s been discussed is for the Democrats to, say, let there be debate on the president\u2019s seven nominees, reserve the right to filibuster, but take off the table filibuster of a Supreme Court nominee. Would you accept that?”<\/p>\n

LEVIN: This is really a critical issue and we should not rip up the rule book. We should not try to change the rule by breaking the rule and we\u2019re going to count on some moderate Republicans in the Senate who love the Senate, love the traditions in the Senate.<\/p>\n

RUSH: All right, hear that? “We shouldn\u2019t rip up the rule book.” The rule book has already been ripped up by you, Senator Levin, and the rest of the Democrats in the Senate! You\u2019re doing what hasn\u2019t been done for 214 years. Now, listen to what they need. “We\u2019re hoping. We\u2019re counting on some moderate Republicans of the Senate who love the Senate, who love the traditions in the Senate,” and up and next, same show, Chuck Hagel, from Nebraska, Stephanopoulos says, “Well, you\u2019re both smiling now because we both know that Senator Hagel is going to be a swing vote on this as well. You\u2019ve been studious about not saying on you hour going to vote on this but have you told Senator Frist, this is a leadership vote, if you told him that he has your vote if he needs it.”<\/p>\n

HAGEL: The Republicans\u2019 hands aren\u2019t clean on this either, what we did to Bill Clinton\u2019s nominees, about 62 of them. We just didn\u2019t give them votes in committee or we just didn\u2019t bring them up. We need to work this through. I think that Frist and Reid can work this through. I don\u2019t think it would be wise in the interests of our country or the United States Senate to let this come to this kind of an explosion in the United States Senate. My goodness, you\u2019ve got a hundred United States senators. Some of us might be moderately intelligent enough to figure this out. We would, I think, debase our system and fail our country if we don\u2019t do this. But you can\u2019t give up a minority-rights tool in the interests of the country, like the filibuster.<\/p>\n

STEPHANOPOULOS: You\u2019re walking through a minefield, very delicately.<\/p>\n

LEVIN: It\u2019s that kind of statement that gives us hope.<\/p>\n

RUSH: That was Senator Levin. That\u2019s that kind of statement that gives us hope! That\u2019s the kind of moderate Republican we\u2019re looking for: Somebody that we can wrap around our little finger under the guise of being a moderate and an intelligent guy because he agrees with us. Now, let me go back to this business. Hagel said, “What we did with Clinton\u2019s nominees about 62 of them, we just didn\u2019t give them votes in committee or we didn\u2019t bring them up.” In the first place, Bill Clinton had a large percentage (71%) of his nominees confirmed. George W. Bush has the lowest percentage (50%) of his nominees confirmed of any recent president, going back to Truman (over 90%). Now, in this case the filibuster was not used. There was no violation of Senate rules in what the Republicans did. They didn\u2019t pass some of these nominees out of committee. Some of Bush\u2019s nominees haven\u2019t come out of committee. But none of the senators that came out of the judiciary committee when Clinton was president and the Republicans are running the committee, none of them were filibustered.<\/p>\n

Those that got out of committee got votes on the floor. That is not what\u2019s happening now. The Democrats are the ones trying to change the age-old traditions of the Senate, and here\u2019s Hagel going along with them. I know he\u2019s running for president, but I don\u2019t know who he thinks his voting base is or is going to be. Because I guarantee, Senator Hagel, you know, we love you here, but I guarantee you, the last thing you want for your presidential campaign is for a Democrat senator as partisan as Carl Levin to say you are the kind of guy that gives the Senate Democrats hope. That is not going to help you as you seek the Republican nomination. I\u2019ve been at odds with Senator Hagel over the years, but, you know, in this case, this is an honest appraisal of the political climate and circumstances out there.<\/p>\n

\"\"The last thing he needs if he really wants the nomination, is to have a bunch of Democrat senators out there singing his praises. Let\u2019s go to Fox News Sunday with Chris Wallace. On this show he had Senator George Allen and Chuck Schumer, and Chris Wallace said, “Senator Schumer, do the Republicans have the votes now to impose the nuclear option and change the rules on these filibusters?”<\/p>\n

SCHUMER: Well, as best we can tell, Chris, they do not. There are five or six Republican senators who know deeply — because I\u2019ve talked to some of them — how wrong this is but they\u2019re under tremendous pressure from these way-out groups, and who are very important these days in the Republican Party. And they haven\u2019t made up their mind. The whole reason that Bill Frist hasn\u2019t brought it to the floor yet is he does not have the votes because of the heartfelt convictions of a handful of Republican senators who know deeply this is wrong.<\/p>\n

RUSH: Next up was Senator Allen. Note the difference in these two men. Wallace says, “Senator Allen, do you have the votes or don\u2019t you?”<\/p>\n

ALLEN: I think we have the votes — and, by the way, despite what my good friend Charlie Schumer has to say as who\u2019s motivating us, I was chairman of the Republican Senate committee the last two years and whether I was in Cajun country in southern Louisiana or the Black Hills of South Dakota or Alaska or, for that matter, the Shenandoah Valley in Virginia. I\u2019ve finished off speeches where we talk about less taxation, less litigation, leaders in innovation, finish with judges. People are motivated on this issue, and the architect of this obstruction, the chief obstructionist, Tom Daschle, is a former Democratic leader, and so I think the people of this country expect Republicans to act. We should not cower.<\/p>\n

RUSH: There you have it. That\u2019s George Allen. He is not saying things that Carl Levin or Chuck Schumer will say, “That\u2019s useful. I think that\u2019s the kind of attitude we\u2019re looking for.” And for Schumer to say that there five or six Republican senators under tremendous pressure from these way-out groups who are very important these days, Senator Schumer, the most out of control, way-out bunch of kooks in this country has got their hands around your throat, if the truth be known. You guys are in the minority. You have lost the last two elections. You do not have a president that gets to pick judicial nominees. So this arrogance, this condescending arrogance, and then suggesting Republicans controlled by a bunch of wacko groups, and to not mention People for the American Way or any of these other civil rights groups that mobilize only around or primarily around the nomination of judges, to act like the Democrats are the reasonable ones and in the mainstream on this is just infuriating as it can be, and so we celebrate George Allen has the guts to say it as it is.<\/p>\n

He\u2019s not trying to impress anybody on both sides, not trying to get good quotes in the Washington Post or the New York Times, not trying to get puff pieces written about himself in either of those publications, and he knows full well. It\u2019s what I just told you, wherever he went, the judges was the issue that got the biggest applause and indeed the issue on which the Republicans, his constituencies out there, were the most motivated. So it\u2019s just amazing to watch all this play out and to see. If this Roll Call business is true, the Republicans, Trent Lott is trying to forge a bill. There may be some bad blood between Lott and President Bush over two things: base closures.<\/p>\n

\"\"There\u2019s some base closures in Mississippi, and Lott said as recently as April that he would exact his revenge somewhere, and let\u2019s not forget that Lott was not happy when the White House basically joined the ranks of people condemning him for his, quote, unquote, “injudicious” statement about Strom Thurmond. So it\u2019s payback time all over the place, and it\u2019s just maddening to watch it. The thing that\u2019s really insulting is for all this supposedly to be taking place under the guise of the Senate\u2019s long-held traditions, and everybody just getting along. The long-held traditions been blown to smithereens by the Democrats the last four years.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: The thing that I guess is the most irritating to me about this, and I almost take this personally because I\u2019ve found myself in similar circumstances over the years. It seems to me that the Senate Republicans are allowing themselves to be defined by their adversaries, the Democrats, the media. They are allowing themselves to be defined as the aggressors here, as the transgressors of Senate practice and the Constitution. What they ought to be doing is loudly and proudly making their case. There\u2019s no reason to make any deal that weakens the Constitution and strengthens and emboldens the left. I mean, it\u2019s out there all over the place that the Republicans are blowing up the Senate, the nuclear option here, the nuclear option there; 214 years of staid Senate tradition. “The Republicans are going to change a rule,” blah, blah, blah, blah. BS!<\/p>\n

But they\u2019re allowing themselves to be defined about this matter. As I said, President Bush has the lowest percentage of appellate court nominees of any modern president. He\u2019s want ramming anything through the Senate. My gosh, folks, if we can\u2019t even convince a Republican majority in the Senate to stand for what was the status quo in which the judiciary remained essentially unrestrained even with Republican presidents nominating supposedly originalist judges, how can we ever expect to make progress on this front to reign in the judiciary? If we can\u2019t even stand up to this, how we gonna straighten out what\u2019s gone wrong in the judiciary? Now, again, this is all predicated on the fact that this Roll Call story is accurate.<\/p>\n

\"\"I mean it\u2019s not a done deal but it\u2019s been published. It hasn\u2019t been asked about. This was not discussed on the Sunday programs yesterday at all. By the way, Lott, here are details. This is an AP story from April the 8th: “Trent Lott, Mississippi, staunch supporter of military facilities in his state, said that he\u2019s not done trying to halt this year\u2019s planned closure of domestic bases even though President Bush thwarted his latest attempt. Lott said, ‘I have options on unrelated issues. Everything in the United States Senate relates to everything else,'” and we could also apply this to Voinovich and the cuts at this John Glenn NASA center outside Cleveland. You know, Voinovich has not even spoken to Bolton? It\u2019s been two weeks, Voinovich has not even had Bolton in to talk to him about whatever his so-called problems are.<\/p>\n

It kind of indicates here that Voinovich\u2019s actions are not even based on Bolton but about what Bush\u2019s bulletin is and here\u2019s Lott basically saying the same thing. What would you call this, a veiled threat? “I have options on unrelated issues?” That\u2019s April 8th. Here we are on May 9th and all of a sudden Lott is the Republican architect of a deal with Ben Nelson that essentially gives Dingy Harry the deal he wanted two weeks ago when it comes to these judges. Here Barbara in Springfield, Virginia. Let\u2019s start with the phones. Nice to have you on the program. Welcome.<\/p>\n

CALLER: Thanks, Rush. You know, I\u2019m listening to you and I think most of us realize that we, the people who vote can stand up for our judges but it seems that once these people get into the Senate, they are just become mush or something. If anything we need more senators like George Allen who realize that the best defense is a good offense. Politics is a contact sport and people are concerned that our elected representatives are not doing their job. They\u2019re not giving the perfectly qualified judges an up-and-down vote.<\/p>\n

RUSH: Yeah, well, I know. This is one of the mysteries and one of the problems, and I\u2019ve discussed this countless times. They go through the election process. They get elected, they get to Washington, they sometimes forget, it seems, who elected them and why. You know, we\u2019ve talked about this. I\u2019m going to mention it all again. I get blue in the face, talking about this so much, but there obviously are pressures inside Washington, DC, that everybody wants to be treated like McCain and Hagel get treated, is the main thing.<\/p>\n

There\u2019s a way you do that. You go against your own party. You go out and get Democrat senators to say, “That\u2019s the kind of statement we need. That\u2019s the kind of thing that gives us hope.” I mean they\u2019ll love you in Washington. They\u2019ll love you at the New York Times and Washington Post if you talk that way. Walter in Plainview, Illinois. Glad you called, sir. You\u2019re next. Hello.<\/p>\n

CALLER: Hey, I just wanted… I disagreed with you a little bit on what this nuclear option would really do now. I believe that the Republicans shouldn\u2019t do it because I think it would give the Democrats a huge issue for next year, and we know how they are all the time with that.<\/p>\n

\"\"RUSH: You know, this is exactly… I understand your thinking. The problem is this is the kind of thinking that\u2019s ten to 15 years old. The thinking ought to be we need to fire the nuclear option now and make what the Democrats are doing the issue in \u201906, just like we did with Tom Daschle who is now a former Senate minority leader. He\u2019s not even in the Senate. He was defeated. You have the attitude that the Republicans in Washington probably have. “You know what? We don\u2019t want to do this now; they\u2019ll make this an issue against some of us in \u201906 and we\u2019ll be in deep doo-doo. We\u2019ll hold this off,” blah, blah, blah, blah. No, no, no, no! We\u2019re talking about the Constitution.<\/p>\n

We\u2019re talking about doing what\u2019s right. You balance the political concerns with it, of course, but the political opportunity here is one that I see. My gosh, these guys just lost their minority leader and they lost even more seats in 2004 because they were obstructionists. They\u2019re even bigger obstructionists now than they were in 2004. It\u2019s time to make that the issue and trigger the nuclear option. Now, the Republicans if they do this they\u2019re also going to have to go on the offensive and they\u2019ve got to have to stop letting the Democrats and the media define them as the guys blowing up the Senate. It\u2019s a PR thing. How often have we complained about this? As I say, folks, it\u2019s a bit of a broken record, but we keep plugging away because it\u2019s the right thing to do.<\/p>\n

BREAK TRANSCRIPT<\/p>\n

RUSH: I think something else we need to do out there, folks, as part of all this going on the offense and not letting the Republicans be defined by Democrats and the media, we need to start discussing judicial activism. See, the liberals don\u2019t want to discuss judicial activism; they don\u2019t want to discuss judicial tyranny, which is what\u2019s going on here. They don\u2019t want to discuss how the judicial activists confer rights on the enemy, as in prisoners of war that are Al-Qaeda at G\u2019itmo, or benefits on illegal immigrants, as have been done, endless appeals for criminals. I mean, that\u2019s why these judges are important. We\u2019re not talking about just the rules of the Senate here. We\u2019re talking about why these nominees are important, and they need to talk about that to educate people as well, because there\u2019s an attempt to end judicial activism here with these nominees. It\u2019s what the president is trying to do.<\/p>\n","protected":false},"excerpt":{"rendered":"

RUSH: Now, Wall Street Journal today is running a little blurb in their political diary at OpinionJournal.com, and it begins this way: “GOP Senator Trent Lott has been itching for a way to get back into the political limelight ever since his injudicious comments at a birthday party for the late Strom Thurmond cost him […]<\/p>\n","protected":false},"author":25,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","ngg_post_thumbnail":0},"categories":[1],"tags":[],"yoast_head":"\nJudges Are GOP Senate Litmus Test - The Rush Limbaugh Show<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.rushlimbaugh.com\/daily\/2005\/05\/09\/judges_are_gop_senate_litmus_test\/\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:title\" content=\"Judges Are GOP Senate Litmus Test - 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