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	<title>Comments on: The Nucular Option</title>
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	<link>http://crookedtimber.org/2004/11/05/the-nucular-option/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: nick</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49853</link>
		<dc:creator>nick</dc:creator>
		<pubDate>Sun, 07 Nov 2004 01:46:43 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49853</guid>
		<description>&lt;i&gt;You claim to be the reality-based group, so let us stick to reality.&lt;/i&gt;Sure thing, Mr self-identified gay Republican. If you don&#039;t feel under siege now, just stick around for a year or so. In short, since Bush is going to have to pay back &lt;i&gt;his&lt;/i&gt; self-identifed &#039;base&#039;, you&#039;re likely to find that reality bites.</description>
		<content:encoded><![CDATA[	<p><i>You claim to be the reality-based group, so let us stick to reality.</i>Sure thing, Mr self-identified gay Republican. If you don&#8217;t feel under siege now, just stick around for a year or so. In short, since Bush is going to have to pay back <i>his</i> self-identifed &#8216;base&#8217;, you&#8217;re likely to find that reality bites.</p>
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		<title>By: VJ</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49852</link>
		<dc:creator>VJ</dc:creator>
		<pubDate>Sat, 06 Nov 2004 09:20:13 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49852</guid>
		<description>Please; Some one read this book, OK?It makes the arument that the current Republican court is Already the MOST activist court in our history, striking down more state and Congressional laws than any court before it. Indeed it has struck down more Congressional legislation in the past 12 years than have almost all courts prior to it!The Most Activist Supreme Court in History, by Thomas Keck, Univ. of Chicago Press, 2004.</description>
		<content:encoded><![CDATA[	<p>Please; Some one read this book, OK?It makes the arument that the current Republican court is Already the <span class="caps">MOST</span> activist court in our history, striking down more state and Congressional laws than any court before it. Indeed it has struck down more Congressional legislation in the past 12 years than have almost all courts prior to it!The Most Activist Supreme Court in History, by Thomas Keck, Univ. of Chicago Press, 2004.</p>
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		<title>By: Gordon</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49851</link>
		<dc:creator>Gordon</dc:creator>
		<pubDate>Fri, 05 Nov 2004 22:42:55 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49851</guid>
		<description>Ms. Greenberger&#039;s testimony (posted above) is well argued, but I don&#039;t think it amounts to an extended tradition of judicial filibusters.  Yes, the Republicans threatened with it a couple of times in the Clinton years, but it doesn&#039;t seem they actually used it -- and they could have, having more than forty votes at the time.The blockage of six nominations in the last term still seems like a one-sided innovation.</description>
		<content:encoded><![CDATA[	<p>Ms. Greenberger&#8217;s testimony (posted above) is well argued, but I don&#8217;t think it amounts to an extended tradition of judicial filibusters.  Yes, the Republicans threatened with it a couple of times in the Clinton years, but it doesn&#8217;t seem they actually used it&#8212;and they could have, having more than forty votes at the time.The blockage of six nominations in the last term still seems like a one-sided innovation.</p>
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		<title>By: James Withrow</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49850</link>
		<dc:creator>James Withrow</dc:creator>
		<pubDate>Fri, 05 Nov 2004 22:32:07 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49850</guid>
		<description>I count 30 red states and 20 blue states.  What do you think that means for the future of Dems in the Senate?  It&#039;s probably in the longterm best interest of the Dems and certainly of city people if the Senate drops its cloture rule.  Let the Reps have at it, I say. </description>
		<content:encoded><![CDATA[	<p>I count 30 red states and 20 blue states.  What do you think that means for the future of Dems in the Senate?  It&#8217;s probably in the longterm best interest of the Dems and certainly of city people if the Senate drops its cloture rule.  Let the Reps have at it, I say.</p>
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		<title>By: Kip Manley</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49849</link>
		<dc:creator>Kip Manley</dc:creator>
		<pubDate>Fri, 05 Nov 2004 21:55:51 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49849</guid>
		<description>What an interesting new definition of mandate: so popular you can undo the rules you&#039;re not popular enough to work with.</description>
		<content:encoded><![CDATA[	<p>What an interesting new definition of mandate: so popular you can undo the rules you&#8217;re not popular enough to work with.</p>
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		<title>By: Kimmitt</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49848</link>
		<dc:creator>Kimmitt</dc:creator>
		<pubDate>Fri, 05 Nov 2004 21:14:39 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49848</guid>
		<description>&lt;i&gt;The Democratic filibusters in the last Congress were unprecedented. Nothing conservative about them. A radical innovation. &lt;/i&gt;&lt;a href=&quot;http://www.nwlc.org/pdf/MDGJudiciaryTestimonyMay2003.pdf&quot;&gt;No, they weren&#039;t&lt;/a&gt;.</description>
		<content:encoded><![CDATA[	<p><i>The Democratic filibusters in the last Congress were unprecedented. Nothing conservative about them. A radical innovation. </i><a href="http://www.nwlc.org/pdf/MDGJudiciaryTestimonyMay2003.pdf">No, they weren&#8217;t</a>.</p>
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		<title>By: Kimmitt</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49847</link>
		<dc:creator>Kimmitt</dc:creator>
		<pubDate>Fri, 05 Nov 2004 21:14:15 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49847</guid>
		<description>&lt;i&gt;The Democratic filibusters in the last Congress were unprecedented. Nothing conservative about them. A radical innovation. &lt;/i&gt;&lt;a href=&quot;http://www.nwlc.org/pdf/MDGJudiciaryTestimonyMay2003.pdf&quot;&gt;No, they weren&#039;t&lt;/a&gt;.</description>
		<content:encoded><![CDATA[	<p><i>The Democratic filibusters in the last Congress were unprecedented. Nothing conservative about them. A radical innovation. </i><a href="http://www.nwlc.org/pdf/MDGJudiciaryTestimonyMay2003.pdf">No, they weren&#8217;t</a>.</p>
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		<title>By: lemuel pitkin</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49846</link>
		<dc:creator>lemuel pitkin</dc:creator>
		<pubDate>Fri, 05 Nov 2004 21:11:45 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49846</guid>
		<description>Anybody here read &quot;Master of the Senate&quot;?The filibuster is an awful, undemocratic thing. A few bad judges (which we&#039;re going to get anyway) is a small price to pay for getting rid of it.And as for the question, &lt;i&gt;will Progressives then have the strength to resist using these tools?&lt;/i&gt;I certainly hope not!</description>
		<content:encoded><![CDATA[	<p>Anybody here read &#8220;Master of the Senate&#8221;?The filibuster is an awful, undemocratic thing. A few bad judges (which we&#8217;re going to get anyway) is a small price to pay for getting rid of it.And as for the question, <i>will Progressives then have the strength to resist using these tools?</i>I certainly hope not!</p>
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		<title>By: Observer</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49845</link>
		<dc:creator>Observer</dc:creator>
		<pubDate>Fri, 05 Nov 2004 21:07:47 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49845</guid>
		<description>An amazingly large number of people who voted for Bush are either pro-choice and/or believe in strong civil liberties.  If you read them Scalia&#039;s dissenting opinions they would be horrified.There is quite a shock in store for them.  In 4 years time the 1st, 4th, 5th and 14th amendments will be rendered almost meaningless.Maybe then those people will choose to vote based on civil liberties.  Well, I suppose that depends on whether they still have the right to vote (see &lt;i&gt;Bush v. Gore&lt;/i&gt;).</description>
		<content:encoded><![CDATA[	<p>An amazingly large number of people who voted for Bush are either pro-choice and/or believe in strong civil liberties.  If you read them Scalia&#8217;s dissenting opinions they would be horrified.There is quite a shock in store for them.  In 4 years time the 1st, 4th, 5th and 14th amendments will be rendered almost meaningless.Maybe then those people will choose to vote based on civil liberties.  Well, I suppose that depends on whether they still have the right to vote (see <i>Bush v. Gore</i>).</p>
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		<title>By: Ken C.</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49844</link>
		<dc:creator>Ken C.</dc:creator>
		<pubDate>Fri, 05 Nov 2004 20:54:41 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49844</guid>
		<description>&quot;Just don’t pretend that your idea of extreme matches most Americans’ ideas of extreme&quot;Where &quot;most&quot; means 51%, at most, and more accurately, it means, the 20% of voters whose main concern was &quot;men kissing! yuck!&quot;.&quot;So the Republicans are less worried about setting a precedent depriving the minority of some claim to block the majority.&quot;Right.  Who needs that &quot;tradition&quot; and &quot;rights&quot; stuff when you&#039;ve got the winning 51%?</description>
		<content:encoded><![CDATA[	<p>&#8220;Just don&#8217;t pretend that your idea of extreme matches most Americans&#8217; ideas of extreme&#8221;Where &#8220;most&#8221; means 51%, at most, and more accurately, it means, the 20% of voters whose main concern was &#8220;men kissing! yuck!&#8221;.&#8220;So the Republicans are less worried about setting a precedent depriving the minority of some claim to block the majority.&#8221;Right.  Who needs that &#8220;tradition&#8221; and &#8220;rights&#8221; stuff when you&#8217;ve got the winning 51%?</p>
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		<title>By: Thomas</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49843</link>
		<dc:creator>Thomas</dc:creator>
		<pubDate>Fri, 05 Nov 2004 19:37:11 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49843</guid>
		<description>I don&#039;t look forward to the nuclear option, but if it is necessary then it is necessary.The Democratic filibusters in the last Congress were unprecedented. Nothing conservative about them.  A radical innovation. The only reason they weren&#039;t met with an equally unprecedented response was the Republican worry about losing the Senate and losing the White House in this election, followed by openings on the Supreme Court.  That concern is gone.  So the Republicans are less worried about setting a precedent depriving the minority of some claim to block the majority.For those who urge Republicans to think of the consequences: Democrats would be wise to consider that, at some point, they are going to have the presidency and the Senate.  If they&#039;d like to enjoy the privileges of majority, they will allow others those privileges as well.  Doesn&#039;t seem all that compelling, does it?  Rather, the urge is to do what&#039;s needed today and worry about tomorrow when it gets here.And today, Republicans have the votes.  Look for a ruling from the chair, in January, upheld by a party-line majority vote.  </description>
		<content:encoded><![CDATA[	<p>I don&#8217;t look forward to the nuclear option, but if it is necessary then it is necessary.The Democratic filibusters in the last Congress were unprecedented. Nothing conservative about them.  A radical innovation. The only reason they weren&#8217;t met with an equally unprecedented response was the Republican worry about losing the Senate and losing the White House in this election, followed by openings on the Supreme Court.  That concern is gone.  So the Republicans are less worried about setting a precedent depriving the minority of some claim to block the majority.For those who urge Republicans to think of the consequences: Democrats would be wise to consider that, at some point, they are going to have the presidency and the Senate.  If they&#8217;d like to enjoy the privileges of majority, they will allow others those privileges as well.  Doesn&#8217;t seem all that compelling, does it?  Rather, the urge is to do what&#8217;s needed today and worry about tomorrow when it gets here.And today, Republicans have the votes.  Look for a ruling from the chair, in January, upheld by a party-line majority vote.</p>
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		<title>By: Sebastian Holsclaw</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49842</link>
		<dc:creator>Sebastian Holsclaw</dc:creator>
		<pubDate>Fri, 05 Nov 2004 19:25:14 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49842</guid>
		<description>Filibuster away.  Just don&#039;t pretend that your idea of extreme matches most Americans&#039; ideas of extreme and don&#039;t pretend that the filibuster has anything other than a long ignoble history.  Also don&#039;t pretend that filibuster rules are unchanging, or part of the Constitution.  Furthermore let us not pretend that the filibuster has a long history of being applied in decisions about judges.  You claim to be the reality-based group, so let us stick to reality.  </description>
		<content:encoded><![CDATA[	<p>Filibuster away.  Just don&#8217;t pretend that your idea of extreme matches most Americans&#8217; ideas of extreme and don&#8217;t pretend that the filibuster has anything other than a long ignoble history.  Also don&#8217;t pretend that filibuster rules are unchanging, or part of the Constitution.  Furthermore let us not pretend that the filibuster has a long history of being applied in decisions about judges.  You claim to be the reality-based group, so let us stick to reality.</p>
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		<title>By: Katherine</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49841</link>
		<dc:creator>Katherine</dc:creator>
		<pubDate>Fri, 05 Nov 2004 19:11:50 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49841</guid>
		<description>based on a quick and dirty estimate rounding off to the nearest million from 2000 census data, it&#039;s almost a tie. don&#039;t have time to do the real calculation.</description>
		<content:encoded><![CDATA[	<p>based on a quick and dirty estimate rounding off to the nearest million from 2000 census data, it&#8217;s almost a tie. don&#8217;t have time to do the real calculation.</p>
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		<title>By: Henry</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49829</link>
		<dc:creator>Henry</dc:creator>
		<pubDate>Fri, 05 Nov 2004 18:56:17 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49829</guid>
		<description>I&#039;ve deleted one comment from &#039;Steve Duncan&#039; that went way beyond the bounds of acceptable discourse on CT, and another from &#039;davon&#039; which was a perfectly reasonable response to the Duncan comment, but which repeated it.</description>
		<content:encoded><![CDATA[	<p>I&#8217;ve deleted one comment from &#8216;Steve Duncan&#8217; that went way beyond the bounds of acceptable discourse on CT, and another from &#8216;davon&#8217; which was a perfectly reasonable response to the Duncan comment, but which repeated it.</p>
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		<title>By: Davis X. Machina</title>
		<link>http://crookedtimber.org/2004/11/05/the-nucular-option/comment-page-1/#comment-49840</link>
		<dc:creator>Davis X. Machina</dc:creator>
		<pubDate>Fri, 05 Nov 2004 18:48:47 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/wp/?p=2495#comment-49840</guid>
		<description>&lt;i&gt;Actually, there’s an excellent chance the 45 Democrats represent more constituents than the 55 Republicans. Anyone done the math?&lt;/i&gt;With four Democrats representing New York and California, and two representing -- now -- Illinois -- I suspect you&#039;re right without even going for the calculator...</description>
		<content:encoded><![CDATA[	<p><i>Actually, there&#8217;s an excellent chance the 45 Democrats represent more constituents than the 55 Republicans. Anyone done the math?</i>With four Democrats representing New York and California, and two representing&#8212;now&#8212;Illinois&#8212;I suspect you&#8217;re right without even going for the calculator&#8230;</p>
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