Opinion

The Death Of The Reid Rule

REUTERS/Joshua Roberts

Michael Thielen Executive Director, Republican National Lawyers Association
Font Size:

Yesterday, the Senate voted to end the first ever successful partisan filibuster of a Supreme Court nominee by the so-called “constitutional,” “Reid” or “nuclear” option.  In other words, democracy was restored because simple majority rule was restored.

Two things were revealed about modern Democrats during the Gorsuch nomination and hearing: the unprecedented partisan dysfunction of former Democrat Majority Leader Harry Reid on judicial nominations has begun to come to an end and the current leadership has proved they are completely controlled by radicals on the far left who call on them to resist at every turn a person they consider to be an illegitimate President.

The “obstruction” of judicial nominees did not begin when Reid used the so-called “nuclear option” to confirm judges to the DC Circuit in 2013.  Rather, it began in 2003 when Reid and Senate Democrats engaged in a partisan filibuster of Miguel Estrada for the DC Circuit.  Staff emails that later came to light revealed their objection to Estrada was that he was “Latino” and likely a future Supreme Court nominee.  Prior to this, the filibuster was never contemplated for a lower court nominee and had only been used once for a Supreme Court nominee.  (That filibuster, of Abe Fortas, was bipartisan and the nomination was quickly withdrawn because it was destined to fail due to ethics concerns on both sides of the aisle.)

Emboldened by the filibuster of Estrada, Democrats went on to filibuster seven other nominees, many for bigoted or sexist reasons.  Ironically, now-Chief Justice John Roberts sailed through his hearing while Miguel Estrada was targeted.   There were other victims of the Democrats’ bigotry, including African-American Judge Janice Rogers Brown.  The left’s attacks on Judge Brown were led by Reid and were noted in a contemporary article:  “The black sharecropper’s daughter, born in segregated Alabama, has been excoriated as a closet member of the Ku Klux Klan who, at least according to the Senate minority leader (Harry Reid), would like nothing better than to return America to ‘Civil War days.’ Left-leaning political cartoonists depict her as an Aunt Jemima on steroids, complete with exaggerated physical features typically found only in the racist literature distributed by hate groups.”

Of course, Neil Gorsuch is a white male so he was not filibustered for bigoted or racist reasons.  Which brings us to the other revelation: the insistence on blocking anyone associated with President Donald Trump.  Ironically, one of the biggest outcries in the Presidential debates was over Trump’s equivocation on whether he would accept the results of the elections.  This was a top story for days.  Yet now it’s Democrats who can’t accept the results.

If there was ever proof of the media bias, it lies there.  No less than the leader of the Democrat Party, Thomas Perez, said last week “Donald Trump you didn’t win the election.”  Instead of leading, Minority Leader Chuck Schumer has chosen to listen to the extremists in his own party and resist everything Trump is doing.  Schumer previously declared the American Bar Association’s rating of judicial nominees to be the “gold standard” for determining whether someone should be put on the Supreme Court.  Judge Gorsuch received an unanimous “well-qualified” rating from the ABA, their highest rating.  As an organization the ABA defines the left’s idea of the legal mainstream.

Yet there was Schumer, opposing Gorsuch for, you guessed it, being out of the “legal mainstream.”  Proving that, for the most part, Democrats no longer care about anything except appeasing their far-left base.

Previously the “nuclear option” was avoided when Senators like John McCain made deals with moderate Democrats to work out a comprise that allowed many filibustered nominees to pass through under the “Gang of 14” deal.  While GOP gang members such as Graham, Collins, and McCain are still around, there are no moderate Democrats left and therefore no deals to be made. Democrats can only obstruct to get their way now as they’ve gotten rid of most in their party who might reach across the aisle.

A great example of this is Senator Claire McCaskill of Missouri.  Donald Trump won Missouri by 19%. In recorded comments she said she was “mortified” about filibustering Gorsuch.  Yet, McCaskill fears the far left of her party more than the voters of her state and had no choice but to make the “uncomfortable” vote for a hopeless filibuster of a well-qualified nominee.

These kinds of political calculations led Senate Majority Leader Mitch McConnell to nuke the filibuster Thursday, something he never wanted to do. Democrats literally gave him no other choice.  For this was never about Gorsuch, as the Leader stated: “Now they’re threatening to do something else that’s never been done in the history of the Senate: successfully filibuster a Supreme Court nominee on a purely partisan basis. And for what reason? . . . Because he was nominated by a Republican President. This is the latest escalation in the left’s never ending judicial war, the most audacious yet, and it cannot and it will not stand.”

While the path is now clear for Supreme Court nominees to be confirmed by a majority vote, it seems likely the bigotry, sexism and terrible treatment of nominees will continue as evidenced by Judiciary Committee votes on the same day Judge Gorsuch was voted out of committee.  At that hearing, two extremely qualified nominees for leadership positions in the Justice Department (roughly the closest equivalent to the courts) were confirmed in very different manners.  While both Rod Rosenstein and Rachel Brand had impeccable backgrounds and were also Obama appointees, Rosenstein was confirmed with bipartisan support while Brand was a straight party-line vote.  Brand, as you can guess, has been mentioned as a possible future judicial nominee.

The Democrats have lost the power to filibuster, but unfortunately there is no evidence they are going to stop efforts to undermine the election.  The filibuster of judicial nominees was “nuked” this week.  If Senate Democrats keep up their efforts to resist and attack, there will be more victims, up to and including the government itself.  Senate Democrats no longer act like legislators but more like extremists urging the undermining of election results and by extension, the U.S. system of government.

Michael Thielen is executive director of the Republican National Lawyers Association.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel