Chapter 7

Congress at Work

Male Speaker #1: It’s an arrogance, an abuse of power.

Female Narrator: As far as political fights go this could be one for the history books.

Male Speaker: They should get an up or down vote.

Female Narrator: The Senate showdown is over judges. Republicans who want to get the President’s nominees confirmed are threatening to end the age-old filibuster; where any Senator can threaten to stop any vote just by continuously talking. Right now it takes 60 votes to cut him off. The Democrats call that unconstitutional, an assault on the system of checks and balances, but this fight goes way beyond Senate rules. This is a monumental battle about the future of the courts. Just who gets to sit on the Supreme Court and should we appoint Justices who want to rule on everything from abortion, to gay marriage, to civil rights? That’s why many conservatives consider the fight over judges, their political Armageddon, but conservative icon and former Federal Judge Ken Starr says, it’s gotten out of control.

Ken Starr: This is a radical, radical departure from our history and from our traditions and it amounts to an assault on the Judicial Branch of government.

Female Narrator: Starr tells CBS News that the Republican plan to end the filibuster may be unwise.

Ken Starr: It may prove to have the kind of long term boomerang effect, damage, on the institution of the Senate that thoughtful Senators may come to regret.

Female Narrator: Still, Starr thinks all judges should be allowed to vote, even if they are Democrats.

During the Clinton years lots of those nominees were blocked by Republicans in committees if you recall?

Ken Starr: Exactly and I don’t think that’s particularly admirable either.

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