With the official word that 89 year old Justice John Paul Stevens will step down from the Supreme Court at the end of this term, the second-ranking Republican in the Senate made clear his party wouldn't hesitate to filibuster Stevens' replacement. Asked if the GOP would resort to the obstructionist tactic it once routinely decried, Arizona's Jon Kyl announced Sunday, "it will all depend on what kind of a person it is." Of course, as his years leading the Republican "up or down vote" chorus showed, John Kyl's kind of person is one picked by George W. Bush.
Appearing on Fox News Sunday, Kyl the GOP could very well filibuster Barack Obama's next pick to the Court if the President chose to "nominate an overly ideological person." But while Senate Democrats never filibustered President Bush's nominees to the nation's highest court, Kyl would make so such promises:
I would prefer to go back to the situation where it is not done by either party, but the Democrats won that fight. They filibustered Miguel Estrada. He never got on the court. Seven other circuit nominees. So what we need to do is, I think, apply the rule that the Gang of 14 game up with a couple years ago that you don't filibuster except in extraordinary circumstances, and I'm willing to live by that general rule.
Of course, that's a far cry from Kyl's past declaration that, "It's never been the case until the last two years that a minority could dictate to the majority what they could do."
If that seems like a 180 degree turnabout for the junior Senator from Arizona, that's because it is.
Back in 2005, Kyl was at the forefront of then-majority Senate Republicans threatening Democrats with the "nuclear option" rule change to bar future judicial filibusters of Bush appointees. At a November 28, 2005 campaign event for Kyl, President Bush praised his ally's fight to block the filibuster:
"I can't thank Jon Kyl enough for making sure the judges I nominate get a fair hearing and an up or down vote on the floor of the United States Senate."
When now-Justice Samuel Alito came before the Senate Judiciary Committee for his confirmation hearing, Kyl as usual parroted the trusted GOP sound bite:
"I look forward to a dignified hearing followed by a fair up-or-down vote on the Senate floor."
But after receiving what President Bush called a "thumping" in the 2006 mid-terms, the Republicans lost their Senate majority. And now, "the Decider" when it comes to Supreme Court nominations will be Democrat Barack Obama.
Continue reading »