Nuclear Option Update: Conservative Backlash Narrative Damaging Republicans

Democrats have had a good month (Bolton, Clean Skies, DeLay, Social Security, and especially the culture war backlash), and this article from The Hill shows that the good times might continue to roll:Sen. Rick Santorum (R-Pa.) [Editor's note, R-VA)], a leading advocate of the "nuclear option" to end the Democrats' filibuster of judicial nominees, is privately arguing for a delay in the face of adverse internal party polls.

Details of the polling numbers remain under wraps, but Santorum and other Senate sources concede that, while a majority of Americans oppose the filibuster, the figures show that most also accept the Democratic message that Republicans are trying to destroy the tradition of debate in the Senate.

The Republicans are keeping the "nuclear" poll numbers secret, whereas they have often in the past been keen to release internal survey results that favor the party. David Winston, head of the Winston Group, which conducts Senate GOP polls, did return phone calls seeking comment.

Confirming public disquiet over the "nuclear" or "constitutional" option, Santorum said, "Our polling shows that." But, he added, public thinking had been muddied by what he called false Democratic arguments that checks and balances were being eroded.

"People see checks and balances as Democrats checking Republicans, not the legislative checking the executive or the judiciary checking the legislative," Santorum said.

So it would appear that Democrats will begin the public phase of this battle with an edge. Also, the last sentence indicates to me that Demcorats should strongly consider a slight alteration in their frame, moving from "abuse of power," to "right-wing power grab." If the public views checks and balances in terms of Democrats balancing Republicans and vice versa, then the major problem the public has with the nuclear option would appear to be that they view it as a right-wing power grab. Still, we need to say it in order for the country to continue to think that way, and in order to reap political gain from the situation.

The article goes on to state that conservative activists had previously been told to prepare for the nuclear option fight next week, but now Santorum is advising against such a plan. The main reason is that the extremity of the long running Republican backlash narrative against judges (and lawyers), has recently become the focus of public attention. This has made the public extremely suspicious of any conservative action against the judiciary:

GOP aides said Santorum has made known to the leadership reasons for why Republicans should not move forward on the nuclear or constitutional option.

He was concerned that too many things are competing in the same area and you couldn't get a clean shot at it," a GOP aide said. The aide cited the "fallout" from congressional Republicans' intervening in a Florida court's decision to remove Terri Schiavo's feeding tube and the subsequent controversy caused by House Majority Leader Tom DeLay's (R-Texas) statement that "the time will come for the men responsible for this to answer for their behavior."

Democrats portrayed that statement as an incitement against judges, and it resulted in a spate of media critiques of DeLay and Sen. John Cornyn (R-Texas), who made a speech on the Senate floor raising the question of why judges are targets of violence.

Senate and House Democrats have woven the Republican intervention in the Schiavo issue, DeLay's statement about judges who declined to save her life, and GOP consideration of the nuclear option into a broad message that Republicans are abusing power.

Hey, Democrats did not weave anything. This anti-judiciary narrative has been a staple of the conservative movement since the 1950's. All Democrats have done is finally reveal one of the ugliest underbellies of the conservative movement to the public. If only we had a Noise Machine large enough to reveal the entire thing.

Tags: Senate 2006 (all tags)

Comments

4 Comments

David Brooks on the filibuster
Even David Brooks is expressing concerns about the nuclear option.  You have to wade through some of his thoughts on Roe v. Wade, some of which I would disagree with, but he makes the following points:

Once the filibuster was barred from judicial nomination fights, it would be barred entirely. . . .The culture of deliberation would be voided. Minority rights would be unprotected. . . . Those who believe in smaller government would suffer most.

It would be interesting to see, when the time comes for debate on the nuclear option (assuming there will be any debate), whether any Dems make precisely this very conservative argument.  

As an aside, if I were a "pro-choice" Republican I would be troubled by this observation of Brooks:  "If [Republican Senators who love the institution] turn back now, their abortion activists will destroy them." (Not surprised, troubled.)

by comotion 2005-04-21 08:44AM | 0 recs
Two good articles about this at Slate.
Timothy Noah from a liberal democrat angle advocating the nuclear option: http://slate.msn.com/id/2117015/

Jacob Weisberg from a conservative democrat angle opposing it: http://slate.msn.com/id/2117100/

I side with Jacob on this one. Besides he's right that both parties switch sides on this issue depending on whether their party happens to be the majority. I say keep the filibuster because those in power too often seek to abuse the leverage they have.

by Vote Hillary 2008 2005-04-21 09:02AM | 0 recs
Framing Power
The phrase "abuse of power" also gives the Reeps too much credit . . . while we want people to be aware that Reeps are currently in control of all branches of government, it also needs to be emphasized that their margin is relatively slim, and the country is very narrowly divided. Portraying this as a power grab rather than an abuse of power might help remind Americans that the Reeps are trying to parlay a temporary advantage into long-term dominance.
by catastrophile 2005-04-21 11:01AM | 0 recs
Great ad suggestion from a DUer
Over at DU, one of the posters on their thread about Santorum's comments posited a fabulous idea for an ad opposing the nuclear option.

This DUer suggested taking a clip of Jimmy Stewart fillibustering for a good and righteous cause in "Mr Smith goes to Washington" and then a voiceover saying "Republicans want Mr. Smith to sit down and shut up." That would be awesome. Ka-pow, and right in the kisser.

by phillydem 2005-04-21 03:00PM | 0 recs

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