May 26, 2009

Ben Nelson on Fox News Sunday reserved his right to filibuster Obama's Supreme Court nominee. Nelson used the Republican talking point about "activist judges" to justify his stance....over...and over...and over again.

Nelson: Let me just say it this way. I don't care if they're liberal or conservative. I just want to make sure they're not activists. I don't want an activist on the bench. When I was Governor I appointed almost 81, over 81 judges, an entire Nebraska Supreme Court, two Chief Justices, the entire Court of Appeals. And that was my, I had no litmus test but I did have a test and that was did I believe they were going to apply the law or were they going to be an activist and try to engineer the law.

Quite honestly I think we want to read law. We don't want to have to read judges' minds, so I think that's the test -- will they be an activist or not? And I would hope that there wouldn't be any circumstances that would be so extreme with any of the president's nominees that the other side would feel the need to filibuster or that I might feel the need to filibuster in a case of extraordinary circumstances. That's what the Gang of 14 was all about.

With Democrats like these ... who needs Republicans? As TPM notes:

But Nelson's predictable posturing makes it such that, even with Al Franken's vote, the Democrats will need to find at least one Republican willing to cross the aisle vote for cloture on most of Obama's major initiatives. And that's a species of Republican that's becoming more and more rare every week.

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