Filibuster threat
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Then (emphasis mine):QUOTEMy friends argue that Republicans may want to filibuster a future Democratic President’s nominees. To that I say, I don’t think so, and even if true, I’m willing to give up that tool. It was never a power we thought we had in the past, and it is not one likely to be used in the future.~ Jon Kyl (R-AZ 2005)QUOTEKyl said if Obama goes with empathetic judges who do not base their decisions on the rule of law and legal precedents but instead the factors in each case, he would try to block those picks via filibuster.~Jon Kyl (R-AZ 2008)
He specifically cited Ruth Bader Ginsberg, David Souter, and Stephen Breyer as examples of the kinds of judges he'd filibuster.
I'm not commenting on the validity of, or my opinion on said filibuster. This is just another example of how easy it is to take the high ground when you're in charge. A lesson we've seen repeatedly over every powershift in this country, and yet it's forgotten by those who don't see the forest for the trees.
frankly, I kind of like Ginsberg and I'm not sure what he's talking about when he says she doesn't base her decisions on the rule of law and legal precedents (What's a precedent anyway if not a judgment call made in the past?) I'm sort of unfamiliar with Souter and Breyer though. I know SOuter was appointed by Bush teh elder as a stealth conservative (he didn't have enough stuff to his name to be labeled wither way by was known in certain circles to be ardently conservative) but then shifted to the left over the course of his first year in the position. But I don't know ANY of his actual opinions, just the funny story about how GHWB's attempt to avoid criticisms from the liberal media resulted in him getting a liberal judge on the bench.
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