Regarding the Bolton filibuster: initially, I regarded this as a different situation than the threatened judicial filibuster. With the judicial filibuster, the Dems' argument was over the extremist nature of the appointee - clearly a political argument. And while I kind of like the idea of needing a supermajority to make lifetime appointments, I think something like a constitutional amendment would be much more appropriate than using Senate rules. On the other hand, with Bolton's debate, two key Dems - Biden and Dodd - wanted the continued debate because they hadn't received some information from the Bush administration:
http://www.cnn.com/2005/POLITICS/05/27/bolton.senate/index.html
"We are willing to vote 10 minutes after we get back in session if in fact they provide the information -- information that Mr. Bolton's staff had access to that they will not give to the majority leader of the United States Senate," Biden said.
Thus, at first glance, this was not a political but legitimate reason for a delay of the vote. But the more I think about it, the more I think this is just a political
ploy disguised as legitimate business. I watched a lot of yesterday's debate (not necessarily must-see-TV, but...) and I only saw, on the Dems side of the room, Biden arguing the lack of information angle. I don't remember Reid talking about it, and Byrd talked about... well, who the hell knows what he's talking about nowadays. Yet the vote for cloture went almost entirely along party lines, with only two or three Dems voting for cloture and one GOP (Specter I believe) abstaining. So whether Biden intended this as a political ploy or not, that's what it became when the votes were counted. Also, Bolton's most outspoken GOP critic, Voinovich from Ohio, voted
for cloture, despite his pledge to vote against Bolton. Now, perhaps this is politically motivated too - Voinovich has taken a big risk by being outspoken against Bolton and doesn't want to make the risk worse by siding with the filibusterers (not a real word, I know...) Perhaps, perhaps, perhaps.
Which is basically the problem with filibusters in general it seems now. Before when they were used on nominations, it was because the nominee was somehow involved in a scandal, like Abe Fortas, and those doing the filibustering transcended party lines. That certainly wouldn't have been the case with the judicial filibusters, and judging by the party-line vote on the Bolton cloture, neither is it. When the filibuster is politicized, it goes into that great big trash bin of 'politics as usual' that I think skeptics both Left and Right generally regard as neither right or wrong but simply unfortunate that they couldn't do better.
And true to form the Republicans are not squeaky clean on this. Dems will point to the lack of commitee hearings on Clinton's nominations and say that that started the politicizing of not necessarily filibusters but nominations in general. Maybe so; I'm not an expert and I don't know who "started it." It all becomes a bunch of finger-pointing and not hardly worth debating skeptically.
I want to believe that a filibuster should not be used as a political weapon, but only in extreme cases that (should) go beyond party affiliation. But that's not really true to history, at least not when it comes to legislation - we just have to go back to the filibustering of the civil rights legislation. I guess the claim is, "it's okay to filibuster for legislation but not for judicial nominees." Frist said as much during the weeks leading up to the threatened judicial filibuster showdown. That doesn't make much sense to me, though - why is it okay for a minority to hold up legislation but not nominees?
Sorry, this is rambling on. Getting a hold on the what and why's of the filibuster is tricky (for me). Comments and corrections appreciated.
regards
ps - Biden's argument was not a "Dems versus GOP" thing but a "Senate vs. executive branch" thing. Which makes sense and I understand why a senator would want to 'check' the executive branch if he felt like that branch was withholding information. But is the filibuster the right tool? Surely if enough senators agreed with him, they could have voted for cloture and then voted down the Bolton nomination on those grounds. That didn't happen, of course. Did the Senate republicans cave into Bush and consequently diminish the Senate, or have the Senate democrats held the wishes of the majority hostage and subverted the 'will of the people'? I guess without knowing what that information that Biden wants is, I'll never know. Sorry for the continued rambling...