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Marge Baker

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With Nominations, the Senate GOP Legislates by Gridlock

Posted: 12/09/11 04:34 PM ET

The Senate GOP under President Obama has mastered the art of proactive apathy. Not content with neglecting their own jobs, Senate Republicans have expertly used their own dysfunction to prevent other parts of government from doing theirs. These efforts have consequences far beyond bureaucratic procedure: whether it's by crippling the courts or attacking agencies that hold corporations accountable, Republicans are making it harder for individual Americans to access the rights that a functioning government protects.

This week, Senate Republicans added two new public disservices to their resume. On Tuesday, they shattered the 2005 "Gang of 14" deal that prevented filibusters of judicial nominees in all but extraordinary circumstances, setting a standard that no nominee for the D.C. Circuit will be able to meet. As President Obama said about the filibuster of Halligan's nomination, "The only extraordinary things about Ms. Halligan are her qualifications and her intellect." And then on Thursday, they blocked President Obama's nominee to head a new federal agency simply because they do not want that agency to exist -- a move that will have untold consequences on future attempts to staff the executive branch.

These political power plays by a minority of senators are far more than "inside the Beltway" procedural dust ups. They signal the emergence of a party that is so intent on tilting the playing field in favor of the powerful that they will sacrifice basic public service in order to serve the interests of a powerful few.

On Tuesday, all but one Senate Republican refused to allow an up-or-down confirmation vote on Caitlin Halligan, a D.C. Circuit Court nominee who in any other year would have been easily approved by the Senate. The GOP struggled to find a reason to oppose Halligan on her merits, ultimately settling on a handful of trumped-up charges and the ridiculous argument that the D.C. Circuit, with one third of its seats vacant, didn't need another judge. When George W. Bush was president, many of these same Republicans loudly proclaimed that filibustering judicial nominees violates the United States Constitution, ultimately agreeing to the "Gang of 14" deal that judicial nominees would only be filibustered under "extraordinary circumstances." The vote on Halligan shattered that deal, opening the door for further political abuse of the judicial confirmation process.

On Thursday, the story repeated itself when the GOP succeeded in blocking a vote to confirm Richard Cordray to lead the newly created Consumer Financial Protection Bureau. Cordray, the former attorney general of Ohio, is as non-controversial as they come. He has a history of working with banks and with consumer advocates. He's backed by a bipartisan coalition of attorneys general, including the Republican who beat him in last year's election. Republicans in the Senate don't have any problems with Cordray. But they've made it very clear that they'll do everything in their power to keep the Consumer Financial Protection Bureau from performing the functions that it is required by law to carry out. They don't want anyone to lead the agency, because without a Senate-confirmed head, it cannot perform all of its legally assigned duties. This is not conjecture on the part of progressives; Republicans have brazenly admitted it.

Unfortunately, these votes are not aberrations. They are part of a clear pattern of the Senate GOP since President Obama's election. Unable to accept the results of an election they lost, and unable to get their own way on everything, they have resorted to obstruction and dysfunction. They have abused the extraordinary power the Senate minority is granted , blocking everything they get their hands on, sometimes, it seem, simply because they can. In the process, they are damaging America's system of justice and accountability and betraying the voters they were elected to serve.

Perhaps they are doing this to serve the powerful corporate special interests that do not want courts and agencies to hold them accountable, or perhaps they are doing it to score political points against a Democratic president, or some combination of those reasons. Ultimately, it doesn't matter. Either way, they are abusing their positions and throwing sand in the gears of the Senate to make it harder for ordinary Americans to get our day in court and to defend ourselves against the powerful. It's a deeply cynical strategy, and ultimately a deeply harmful one.

 
 
 
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Opposition Research
Studying the enemies of civil liberty for 20 years
12:23 PM on 12/11/2011
FTA: "The Senate GOP under President Obama has mastered the art of proactive apathy. Not content with neglecting their own jobs, Senate Republicans have expertly used their own dysfunction to prevent other parts of government from doing theirs. These efforts have consequences far beyond bureaucratic procedure: whether it's by crippling the courts or attacking agencies that hold corporations accountable, Republicans are making it harder for individual Americans to access the rights that a functioning government protects."

That's not accidental. That's *deliberate*. They *HATE* citizens getting access to redress of grievances. The GOP, which in their minds are always right, abhor the thought of a wrong citizen getting a favorable judgment by a fair judge.

So, they attack all avenues at once. They hinder the appointment *OF* fair judges, talk about crippling the jurisdiction *OF* the courts in Constitutional cases (illegal, but what do they care?), and make it as difficult as possible for a citizen to be considered having th standing to file a grievance.
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08:45 AM on 12/11/2011
Of course that want to "harm" government. They want to DESTROY government. Democracy, laws and human rights are hated things to them. They are rich and have everything they need and all power. It infuriates them that ANYONE ELSE can have anything at all. They would like America to be a third world country where a tiny percent of people live like gods and everyone else has no quality of life. They resent the happiness of the unwashed masses. They WANT things to collapse.
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Opposition Research
Studying the enemies of civil liberty for 20 years
12:19 PM on 12/11/2011
Love the spirit of your comment, but gotta clarify a few things.

"Of course that want to "harm" government­. They want to DESTROY government­."

Not true, or else why would they be trying to remove *ALL* restraints *ON* government? That's *why* the GOP is fighting the appointment of decent judges.

The GOP is *not* against government. They merely have a very different, negative view of the role of government. Government, in their view, should exist only to punish and enforce conformity. Government should never *HELP* anyone -- only punish.

Unfortunately, they're willing to give the *punishment* arms of government as many tax dollars and personnel as it wants. A *real* wet dream is to privatize the prison complex and, in so doing, build a predatory gravy train that enriches corporate America and, by virtue of privatization, is less easily held accountable to Constitutional limits.
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HUFFPOST SUPER USER
Joshua Sager
TheProgressiveCynic.com
05:17 PM on 12/10/2011
Now we finally see the reaon why the right wing thinks that the government can do nothing right: They are projecting their own inability/unwillingness to govern onto all politicians.

Perhaps the half of the country that votes Republican should rethink voting for a group of people who not only think that government is ineffective, but are tirelessly striving to make the effective parts of government conform to their cynicism.

SarcasticLiberal.blogspot.com
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ORAXX
Free lance philisopher and unicorn rancher.
11:43 AM on 12/10/2011
Making the United States ungovernable is part and parcel of Grover Norquist's play book. Given the fact Republican law makers tend to fear Norquist more than they do their constituents, none of this should be surprising.
foresure
Brash and Harsh
02:36 PM on 12/10/2011
ORAXX:

Everything you say is true. However, Grover Norquist is only an agent of the 1%. Where do you think he get the money to select and finance primary chanllenges?
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frank day
Obama cares about all of U.S.
11:26 AM on 12/10/2011
The goal of the Plutocrats is to make government as inefficient as possible.

It must serve their interests alone.
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philhellene
Far Left and Proud of It!
10:18 AM on 12/10/2011
The right-wing strategy is to make governments unworkable and dysfunctional so they can then turn around and say "See, government is dysfunctional." A self-fulfilling prophesy and typical tactics of all terrorist organizations.
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TN60
I Hope You'll Dance
01:21 PM on 12/10/2011
Amen x 1000000000000 I agree with you and F&F for you, philhellene
08:59 AM on 12/10/2011
What Republican politicians are demonstrating to me is that they are unfit for holding any office.

Their priorities seem to be to something other than democratically conducting the business of the nation.

They make a farce of our Constitution.
08:39 AM on 12/10/2011
Hmmm! I wonder if ol' Marge was as upset when the Dem Senate was doing the same thing to Bush. I am sure that was justified while obstructing this President is just wrong.
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zSpin2001
All your base are belong to us.
08:56 PM on 12/10/2011
When did this happen to Bush?
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09:48 PM on 12/14/2011
The sound of crickets is unlikely to be broken by the sound of an answer.
06:59 AM on 12/10/2011
Obama was elected and democrats controled both houses. The first thing was to tell the republicans to get in the back seat, democrats would decide everything. For two years democrats drove the car and crashed it at every turn. Now democrats cry if we do not get everything we want the republicans are not working with us. When democrats ask for something, then republicans say we will give you that but we want this added to it, it is the republicans who are not working with the democrats. Time for democrats to start dealing and quit crying and blaming.
12:28 AM on 12/10/2011
The sad thing is the framers of our constitution never required a 2/3 majority to approve a Presidents nomination.

It only required a 2/3 majority for approval of any US treaty.

A simple majority is required to move a nomination to vote.

But because of the filibuster threat it became a 2/3rds majority to end discussion and move a nomination to be approved.

No place in the constitution does it mention a filibuster.
09:19 PM on 12/09/2011
The Republican Party is a thoroughly corrupt and bankrupt political party. It's over, done. A thing of the past. The VAST majority of the American people find the GOP to be repellent.
12:22 PM on 12/10/2011
One party wants to tax more and keep spending more and borrowing more: one party doesn't.

Can you tell me which party is which?
05:02 PM on 12/10/2011
Hard to tell, since under the Republican Eisenhower, taxes were at about 70% and spending was up. If the GOP followed his lead and simply upped the taxes on the rich, many problems would be solved.

Newsflash: A national budget is not the same as a personal checking account.
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Joshua Sager
TheProgressiveCynic.com
05:23 PM on 12/10/2011
One party wants a functioning government and the other wants to turn the USA into Somalia: Can YOU tell me which party is which?
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TN60
I Hope You'll Dance
01:23 PM on 12/10/2011
I agree with every word you said.
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HST
Conservatism = selfishness
09:01 PM on 12/09/2011
What's ironic is the same cons that complain that the Senate won't pass repub "jobs" bills (deregulation schemes and corporate tax cuts) are fine with nominee gridlock.
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George Hanshaw
There are none so blind as those who will not see.
08:31 PM on 12/09/2011
Let's be BRUTALLY honest here.

The dems started this with the Bork nomination. He was a good man and, by historical standards, ought to have sailed through the confirmation progress. The dems stopped him for purely political reasons.

It used to be that the President was the President and the opposition resigned themselves to the fact that - even if they didn't like it - the President ought to be allowed to appoint his own men/women. The dems broke that consensus with Bork.

Nothing will ever put it back together.
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HST
Conservatism = selfishness
09:04 PM on 12/09/2011
Ahh yes, the " but they did it first" defense.

I guess your mother never told you that 2 wrongs don't make a right.

By all means lets bring the debate up to the level of ten year olds.
09:20 PM on 12/09/2011
Amazing how far back you righties will reach in your desperate attempt to avoid confronting the complete moral bankruptcy of your own party.
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George Hanshaw
There are none so blind as those who will not see.
10:30 PM on 12/09/2011
I'm just stating an historical fact. Before Bork, Congress routinely deferred to the President assuming the nominee was reasonably qualified. After that, uh-uh.

How do you think 'Borked' became a verb?

bork
   [bawrk] Show IPA
verb (used with object)
to attack (a candidate or public figure) systematically, especially in the media.
Origin:
1988, Americanism ; after Judge Robert H. Bork, whose appointment to the Supreme Court was blocked in 1987 after an extensive media campaign by his opponents
Dictionary.com Unabridged
Based on the Random House Dictionary, © Random House, Inc. 2011.

As you sow, so shall you reap....
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Biff Riff
We're all here because, we're not all there!
10:42 PM on 12/09/2011
Amazing how short "some" liberals memories are in their desperate attempt to avoid confronting the complete moral bankruptcy of their own party,

Check your history once in awhile. This filibuster game has been going on for years, by BOTH parties.
nothingchanges
too soon old, too late smart
06:50 PM on 12/09/2011
Remember that whiny rich kid from grade school?

You know the one.............

that when his side lost he cried. "It's my ball, MINE, and if I can't win, I'm going to take my ball and go home..............So THERE!"

Lousy attitude for a spoiled child..................despicable for a political party elected to serve.

One can only wonder why anyone votes for them?

"America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves." -Abraham Lincoln-
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Opposition Research
Studying the enemies of civil liberty for 20 years
05:49 PM on 12/09/2011
This is the issue that the media, and most Democratic and progressive activists, keep missing.

Damaging the courts via corrupt far-right partisan appointees -- and preventing Democratic presidents from repairing the damage by any means possible -- is *THE TOP*, the *MOST ABSOLUTE* litmus test in the Republican Party today. Today's GOP would sooner raise taxes on the rich than confirm a strong progressive judge.