Graham thinks
Senate compromise will ride out the storm
By MIKE
FITTS Associate
Editor
THE HURRICANE winds are starting to swirl around the
patched-together shack that is the Senate compromise on judicial
nominees. But Lindsey Graham, one of the key architects, thinks it
might hold.
That compromise is facing a maximum test, the fight over Sandra
Day O’Connor’s Supreme Court seat, just a few weeks after being
reached. Because Justice O’Connor was so often a key vote, interest
groups see her replacement as powerful enough to change the
direction of the court.
Those pressure groups already are ratcheting up their rhetoric,
fund-raising and advocacy ads, making the coming fight “a big test”
for the Senate, Sen. Graham says, and for the deal made by 14
senators.
Abortion rights group NARAL Pro-Choice America fired off 800,000
e-mails within 15 minutes of the retirement announcement. Religious
conservatives have been taking preemptory shots at Attorney General
Alberto Gonzales, fearing he would be too moderate for their
liking.
About the compromise, Francis Marion University political
scientist Neal Thigpen told Lee Bandy of The State: “We’re going to
see what that thing is made of. It could well fold up like a house
of cards.”
Neither of the more partisan wings of the two major parties liked
the deal that Sen. Graham helped patch together.
Made by seven Senate Democrats and seven Republicans, the deal
was reached with a Supreme Court nomination looming — most thought
it would be over Chief Justice William Rehnquist’s replacement. But
the agreement, Sen. Graham noted Wednesday, was crafted to break the
deadlock of lower court nominees.
The deal held that seven of the president’s filibustered nominees
would be voted upon, while two nominations would stall out, never to
get a vote. In return, the Democrats pledged not to support a future
filibuster of a nominee to the bench, except under “extraordinary
circumstances.”
What’s an extraordinary circumstance? The standard was
“intentionally left undefined,” the senator says. It’s up to the
judgment of individual senators to see if they think a nomination
raises such a circumstance.
That agreement, while it set the fate of several judicial
nominees, really was about the health and well-being of the Senate.
Sen. Graham says the working atmosphere, when it came to judicial
picks, was poisonous, and that the Democrats who joined the
filibuster compromise could see this: “Most felt the Senate had
gotten itself into a very unhealthy spot.
“The agreement allowed us to start over.”
The forces that pushed the Senate into that corner will be
unleashed full-force when a nominee is announced. Groups on the left
will attack virtually any pick by the Bush administration, he
expects, and “I know some on the right are itching for a fight.”
But he hopes the Senate itself will get back to the more
restrained, traditional debate of nominees’ qualifications, not over
detailed debates of positions and past rulings.
He points, as others have, to the confirmation of Ruth Bader
Ginsburg, a Clinton nominee. Justice Ginsburg had served as counsel
for the American Civil Liberties Union, but was confirmed
overwhelmingly. That’s unimaginable in today’s climate. Antonin
Scalia held similar posts that could have inflamed Democrats, but
he, too, went smoothly onto the bench, because he so obviously was
qualified.
As the special-interest groups see influencing the courts as the
acme of their advocacy roles, this will be their biggest showdown.
But for American government to function better than it has, the tone
and caliber of the Senate’s debate of this nomination seems more
important than that pick itself.
The nation’s close political division tends to lock the Senate
into inaction; the Senate is, by both design and evolution, supposed
to give the minority view a forum to be heard, and a chance to cool
the impulses of the majority. It forces compromise, thereby reining
in the extremes of both parties. And right now, there’s nothing
American politics could use more than the reining-in of the
extremes.
Sen. Graham expects President Bush to nominate a “solid
conservative” who will get an up-or-down vote. He believes that
White House consultation with senators, including Judiciary
Committee members from both parties, already has improved the
chances of a relatively smooth confirmation.
And he thinks the deal, and the air of compromise that it added
to the Senate, will hold, despite the outside pressures. “I go in
optimistic, but with a sense of realism.
“We’re at war; we don’t need another war in the Senate.”
Write to Mr. Fitts at mfitts@thestate.com. |