Which Battles to Fight?
by TChris
As a matter of priority, the death of the Chief Justice is dwarfed by the urgent need to help the victims of Hurricane Katrina. Come Tuesday, senators should table all other action in favor of managing a crisis that seems beyond the competence of Homeland Security. The confirmation hearing of John Roberts should await a less pressing time, and neither the president nor the Senate should consider Rehnquist’s replacement until the public health crisis confronting the gulf coast has been resolved.
Some will argue that Rehnquist’s death requires the immediate confirmation of Judge Roberts. Not so. Only six justices are needed for a quorum. The seven sitting justices are capable of carrying on the Court’s business. They may decide not to decide cases until an eighth or ninth vote is available, a procedure the Court’s rules would permit. In some cases, the seven may have the five votes that would arguably render an eighth or ninth vote superfluous. While the Court benefits from the collegial debate that a full Court can provide, the sitting justices are capable of deciding which cases would benefit and which would likely be unaffected by an additional vote or two.
Little reason has been demonstrated for any Democrat to vote for Roberts, but it is premature for Democrats to decide whether to filibuster Roberts or the eventual nominee for Rehnquist’s seat, or both. Like the confirmation hearings, Supreme Court strategizing should be set aside until the tragedy of New Orleans is under control. It is scandalous that some conservatives still want the federal legislature to focus on the pet projects of the wealthy when so many in the gulf coast have been left without food, shelter, and jobs. Repealing what’s left of the estate tax won’t benefit those who saw their meager “estates” destroyed in the flood. Cutting taxes for the wealthy (again) and trimming social security benefits won’t rebuild homes that were blown apart by the wind.
The Republican agenda is out of step with the immediate need for humanitarian action that should drive the Senate in the coming days and weeks. Senate Democrats (and their counterparts in the House) should demand that the victims of Katrina receive their full attention. A congressional investigation of FEMA’s sorrowful performance in the days preceding and following the devastation of New Orleans must given high priority, to assure that the nation is adequately protected from future disasters, whether spawned by terrorists or nature.
The nomination and confirmation of new justices should be put on hold until the nation can give the Supreme Court the attention it deserves. Once the people in the gulf coast have been given safety and hope, and the rest of the country has been adequately protected from future disasters, the legislature can resume its ordinary course of business. Democrats in the House and Senate should insist on nothing less.
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