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Monday, October 31, 2005

The tactical nuclear option

The full "nuclear option" is not the only arrow in the Republican quiver if Democrats opt to filibuster the Alito nomination. Democrats will have to consider that President Bush could justify a recess appointment as a way to break the legislative logjam an Alito filibuster will create. The goal of bypassing a filibuster could provide the President needed political cover for a recess appointment. So Democrats will have to be willing not only to filibuster Alito, but also any recess during which he could be installed temporarily without confirmation.


posted at 11:27 PM

2 Comments:

Anonymous Anonymous said...

That's an interesting point. I just wonder if that would be political suicide. A recess appointment of Bolton was one thing, but Alito would be a whole different ballgame (note use of baseball analogy).

It's not hard to imagine how the pundits on both sides would react. The electorate is a different story.

November 03, 2005 8:02 AM  
Blogger MWR said...

I doubt that one voter in 30 could tell you what a recess appointment is or that it had happened with Bolton, but of course using the tactic for Alito would raise the visibility.

It's hard (and unpleasant) to imagine an electorate more polarized than it already is, and I think a recess appointment would only reinforce the existing split between Bush lovers and Bush haters. There would be political cover in saying "I didn't start this, but I'm going to finish it." (paraphrasing Captain Kirk in "A Taste of Armageddon," by the way). He could even pick up some support--people admire the cutters of Gordian Knots.

Also, a recess appointment could be spun as a personal decision of a President not facing reelection to exercise one of his prerogatives. Then it would be like Clinton's decision to pardon Mark Rich, which I don't think tarred anyone else in his party.

November 03, 2005 12:09 PM  

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