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Jewish World Review May 24, 2011 / 20 Iyar, 5771 Eye-for-an-eye filibuster stops Democratic nominee By Byron York http://www.JewishWorldReview.com | If there's one place where what goes around comes around, it's the United States Senate. Goodwin Liu, the Berkeley law professor nominated by President Obama to the 9th Circuit Court of Appeals, is the latest to learn that lesson. Liu's nomination was blocked by a Republican filibuster Thursday -- the first successful filibuster against a judicial nominee since Democrats stopped all 10 of George W. Bush's appeals court nominees from 2003 to 2005. Although no one back then could have predicted that today's fight would be about Liu, everyone knew it was going to happen sometime. Once Democrats crossed the line to filibuster those Bush nominees, you could bet Republicans would strike back. And now they have. Liu was as good a target as any for the GOP. A legal scholar who has never been a judge and has little experience practicing law, Liu occupies a place on the far left side of the legal spectrum. To take just one example, Republicans are fond of repeating Liu's assertion that the Constitution guarantees the right to "expanded health insurance, child care, transportation subsidies, job training, and a robust earned income tax credit." "I must have missed that," Republican Sen. John Cornyn, a former Texas state supreme court justice, said dryly in floor remarks Thursday afternoon. It wasn't just Liu's legal positions that did him in. Republicans were particularly rankled by the professor's testimony during the 2006 confirmation hearings of Supreme Court Justice Samuel Alito. Appearing to model his remarks on Ted Kennedy's infamous 1987 "Robert Bork's America" speech, Liu said Samuel Alito's America would be one in which cops kill young suspects over minor crimes, all-white juries send black men to their deaths, and federal agents terrorize innocent civilians. After his own nomination, when he had gotten a taste of criticism himself, Liu apologized, saying his language had been "unduly harsh." But the damage was done. In debate before Thursday's vote, some Republicans went out of their way to say it wasn't personal. "Goodwin Liu is a stellar individual, no question about it," said GOP Sen. Tom Coburn, who also called Liu a "stellar scholar," a "genuine great American," and a "great human being." But Coburn still concluded, "That does not qualify him to be on the Ninth Circuit Court of Appeals." Of course, a few years ago, Coburn and other Republicans were decrying the Democrats' unprecedented use of the filibuster against judicial nominees. In the Bush years, minority Democrats stopped well-qualified nominees like Miguel Estrada and Priscilla Owen for purely political reasons -- to keep conservative judges off the courts and deny Bush possible future Supreme Court candidates. Democrats accused Estrada, Owen and others of being "divisive" and "controversial." There was a revealing moment in 2005, as the filibuster fight was nearing its climax, when mild-mannered Republican Sen. Robert Bennett asked Sen. Harry Reid, who was then the minority leader, "if any number of hours of debate would be sufficient" to move the Owen nomination forward. Reid's answer was quick and sharp. "There is not a number in the universe that would be sufficient," he said. The message was clear. Democrats would kill all the nominees they wanted. Period. Finally, Republicans threatened to use their majority to put an end to judicial filibusters altogether -- the so-call "nuclear option." A bipartisan group of senators, known as the Gang of 14, convened to seek a compromise. In the agreement that followed, the "nuclear option" was shelved and Democrats caved on most -- but not all -- of the filibusters. In addition, senators pledged not to filibuster future judicial nominees unless there were "extraordinary circumstances." It was left up to each senator to define "extraordinary circumstances." So now Republicans, who have allowed many liberal Obama nominees to proceed to Senate confirmation, say Liu is an "extraordinary circumstance." Democrats protested -- they appear to be suffering from total amnesia about what they did just a few years ago -- but in the end fell far short of the 60 votes needed to stop the GOP filibuster. By the way, Obama has little standing to criticize the Liu filibuster, As a senator, Obama tried unsuccessfully to filibuster the Alito nomination. So now Republicans have taken up the judicial filibuster, although they've done just one to the Democrats' 10. But there might be more in the future. When it comes to judicial confirmation fights, the rule in the Senate is always an eye for an eye. Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here. Comment on Byron York's column by clicking here. Previously: 05/17/11 Amid RomneyCare fight, voters ask: Where's Mitt? 05/10/11 Bin Laden coup won't help Obama in budget fight 05/09/11 Inside the GOP debate: Pawlenty underwhelms, Cain struggles, Santorum scores 05/02/11 Huckabee decision will shape GOP presidential race 04/27/11 Get ready for game of chicken over debt ceiling 04/25/11 McCain: Libyan rebels seek U.S. recognition, might pay for war costs 04/18/11 Have the U.S. and NATO given up on Libya mess? 04/11/11 Reforming entitlements is key to a strong military 04/05/11 Jihadis Who Killed Americans Get U.S. Support in Libya 04/04/11 Unions deploy money and muscle in Battle of Wisconsin 03/30/11 Labor fight in Wisconsin is far from over 03/28/11 Obama fails to grasp the gravity of going to war 03/21/11 Union equates lavish benefits to black civil rights 03/15/11 GOP should heed lesson of 1991: No guts, no glory 03/14/11 GOP focuses on NPR's subsidies, not its politics 03/08/11 While Obama seeks new ideas, his bureaucrats stifle them 02/28/11 Why the GOP shouldn't fear a government shutdown 02/22/11 In Hawaii, a dispiriting glimpse of one-party rule 02/21/11 Obama team uses slippery words to tout budget 02/15/11 Myth and memory: The battle over Reagan's legacy 02/07/11 Invoking Reagan, Palin says ‘this is a time for choosing again’ 01/31/11 With each passing year, Reagan grows larger in the American political imagination 01/24/11 House GOP begins long drive to dismantle Obamacare 01/17/11 GOP gears up again to strip NPR of federal funds 01/10/11 To House GOP, illegal immigration is a jobs issue 01/03/11 Obamacare mess is legacy of Dems' moment of power 12/27/10 Smiling Dems will soon cry ‘Washington is broken’ 12/20/10 Dems are earmark junkies but GOP goes straight 12/13/10 Needed: A ‘more presidential’ Palin 12/06/10 With Dems in a funk, Obama charts a new course 11/29/10 Obama's poll numbers point to his defeat in 2012 11/22/10 Holder ignored risks of civilian terror trials 11/16/10 Dems love facts and science --- except when they don't 11/08/10 Obama, new GOP lawmakers are on collision course 11/01/10 New GOP star on track to defeat Dem legend Russ Feingold 10/26/10 If Dems lose, Obama will blame everyone but himself 10/19/10 Profligate Congress should read its own bills 10/13/10 Why Big Labor couldn't match Glenn Beck's rally 10/11/10 Trash-talking Democrat faces defeat in Florida 10/05/10 A GOP unknown in striking distance of Barney Frank 09/28/10 Administration inflates green-jobs numbers 09/20/10 In Delaware, GOP should target Dems, not O'Donnell 09/14/10 GOP Insiders Wary of Landslide Predictions 08/31/10 For Obamacare supporters, judgment day approaches 08/23/10 Obama has himself to blame for Muslim problem 08/17/10 Cut spending without cutting services? Start here 08/17/10 For Michelle Obama, extravagance dents popularity 08/09/10 Obama's zealous civil rights enforcer gets busy 08/02/10 A battle between Left and Right --- inside the GOP 07/26/10 GOP spoiling for fight over Berwick appointment 07/20/10 How long will the public tolerate Afghan war? 07/12/10 NASA's Muslim outreach: Al Jazeera told first 07/02/10 Legal complaint against Gore is detailed, credible 06/28/10 Obama and Dems heading for electoral disaster 06/21/10 Who told Obama drilling is ‘absolutely safe’? 06/14/10 Billions for ‘green jobs,’ whatever they are 06/07/10 Sestak a no-go for any job. So what was the deal? 05/31/10 As economic worries worsen, White House puts on the glitz 05/25/10 GOP dilemma: Fight Kagan, or go along? 05/11/10 Enforcing nation's immigration laws would be a bargain 05/03/10 How Obama could lose Arizona immigration battle 04/27/10 What's behind the anti-Tea Party hate narrative? 04/20/10 As government expands, beware the post-office example 04/19/10 Who wins in 2010? Good luck reading tea leaves 04/12/10 GOP Obamacare strategy: Try repeal, then cut 04/05/10 Obamacare was mainly aimed at redistributing wealth 03/30/10 Message to Dems: People still don't like Obamacare 03/23/10 The coming consequences of Obamacare 03/16/10 Marco Rubio and the Republicans who love him 03/15/10 GOP hopes town halls take health care off table 03/08/10 Dems turn risky health vote into manhood contest 03/01/10 Why Obama defies the public on health care 02/22/10 South Carolina mulls 2012: Romney? Palin? Huck? 02/16/10 GOP winning war over Miranda rights for terrorists 02/09/10 Who are the 300 terrorists held in U.S. prisons? 02/02/10 Is Obama dissatisfied with being president? 01/19/10 The Republican dilemma: Good Michael or Bad Michael? 01/12/10 Now the lawmakers are figuring out what they didn't know 01/05/10 GOP deserves blame for Democratic excesses 12/29/09 Dems' dreams of a blue West begin to turn red 12/22/09 Why Dems push health care, even if it kills them 11/30/09 Dems' kamikaze mission: Health care by New Year's 11/23/09 Why it's a mistake to bring Gitmo prisoners here 11/16/09 Dems' slick fix: $210 billion of fiscal restraint 11/10/09 Obama can't be community organizer for the world 11/02/09 At key moment, Obama leaves health post unfilled 10/26/09 ‘Fierce urgency' for jobs, not health care’ 10/12/09 Facts hurt Jennings in youth sex controversy 10/05/09 Amid terror threat, Dems chip away at Patriot Act 09/27/09 In Afghanistan, let U.S. troops be warriors 09/21/09 Under fire, Democrats abandon ACORN in drove 09/14/09 Dems stifle Republican health care plans 09/08/09 For Dems, a serious Charlie Rangel problem 09/07/09 Obama's speech: Wrong setting for a sales job 09/01/09 What happened to the antiwar movement? 08/24/09 Why Dems may jam through health care plan 08/17/09 GOP thinks the unthinkable: Victory in 2010 08/10/09 The empty words of a journalist turned flack 08/03/09 Probe finds new clues in AmeriCorps IG scandal 07/27/09 Obamacare haunted by unkept promises of stimulus 07/20/09 Why the GOP failed the Sotomayor test 07/13/09 What the GOPers will ask Sotomayor 06/29/09 Serious questions remain for Mark Sanford 06/22/09 How GOPers can crack the AmeriCorps scandal 06/16/09 Worried about Sotomayor? Consider Andre Davis 06/08/09 Can Mitch Daniels save the GOP? 06/01/09 When the Dems derailed a Latino nominee 05/26/09 Why the GOP will defeat Obama on healthcare 05/19/09 Rosy report can't hide stimulus problems 05/12/09 The Reagan legacy is the man himself 05/05/09 Sen. Specter, meet your new friends 04/27/09 Ted Olson: ‘Torture' probes will never end 04/20/09 Who's Laughing at the ‘Axis of Evil’ today? 04/14/09 Congress needs Google to track stimulus money 04/06/09 Beyond AIG: A bill to let Big Government set your salary 03/30/09 On Spending and the Deficit, McCain Was Right 03/24/09 It's Obama's crisis now 03/17/09: Geithner-Obama economics: A joke that's not funny © 2009, NEA

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