It's ABOUT TIME! If anyone thinks the Democrats wouldn't drop the "nuke" ..."Perhaps I could interest you in a slightly used bridge?"
p>Let the games begin, br> -- Doug /p>An excellent assessment of the pending battle. The thing I don't understand is the conventional wisdom of the "nuclear option" for what you clearly point out is a parliamentary issue. I can think of at least two options far more radioactive:
Art II; Sec 2; cl 2 -- "...but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Which would lead me to a conclusion that Mr. Frist could push a bill thru that makes the selection of District Court judges the permanent sole discretion of the President.
Art III; Sec 1 -- "...and in such inferior Courts as the Congress may from time to time ordain and establish." Congress having the ability to establish, also has the prevue to reverse such entities and activities. So Congress could defund the 9th Circuit Court thereby forcing cases directly to the Supreme Court or other districts. Sadly we would still have to pay those presiding appellate judges to reside on their arise, as proscribed in the Section.
p>Either option would have far more lasting effects than what the Senators are preparing to squabble over shortly.