The Supreme Court and Senator Harkin

Tom Harkin (D-IA)

“I think we need to push someone who would be on the liberal side, on the progressive side, just as Roberts and Alito are on that side,” said Sen. Tom Harkin (D-Iowa), referring to Chief Justice John Roberts and Associate Justice Samuel Alito, who were both confirmed in George W. Bush’s administration. “Why do conservatives always get the conservatives, but we don’t get to get liberals? What the hell is that all about?”

What is that all about, Senator Harkin?

His idea is simple. Republican presidents never have their conservative nominees filibustered, Democratic presidents always have their liberal nominees filibustered.

His statement is absolutely true, unless you wish to use facts and history to support your claim.

In a very well written article that cleverly uses both facts and historical truths, David Frum states that when it come to judicial nominations, the Democrats are the party of no.

Here's Frum's thesis:

When you look at the last 5 presidents, only two have had a perfect record of Supreme court nominations, with little controversy. They are Presidents Clinton and Obama.

Here are the first choices of Presidents Clinton and Obama

Sonia Sotomayor - No filibuster. Smooth confirmation.
Stephen Breyer - No filibuster. Smooth confirmation.
Ruth Bader Ginsburg - No filibuster. Smooth confirmation.

Here are the first choices of Presidents Reagan, HW Bush, and W Bush.

Harriet Miers - Withdraws after heavy criticism over her credentials/experience. Replaced by Samuel Alito. Unsuccessful filibuster...with then Senator Obama joining in.
John Roberts - No filibuster. Smooth confirmation
Clarence Thomas - Perhaps the most heated confirmation ever. Barely approved.
David Souter - Stealth liberal justice. Smooth confirmation.
Robert Bork - Harsh contempt for this man. Utter rejection by Senate Democrats.

When you look at history, there is a double standard...but the complete opposite of what Senator Harkin would have you believe. Democrats are free to filibuster conservative nominees, while Republicans are more respectful of liberal nominees.

That major difference can be seen in 1987 and 1993. Robert Bork was very conservative...no doubt about that. However, Ruth Bader Ginsburg, former counsel for the very liberal ACLU, was very liberal...no doubt about that. However, the way that the Republicans treated Ginsburg was ridiculously more respectful than the way the Democrats treated Bork.

So...how should the GOP treat President Obama's next nominee, Senator Harkin? With class, dignity, and respect? or should she be treated the way that Democrats have treated GOP nominees in the past?

I imagine she will be treated with much respect, much like Sonia Sotomayor was. You stay classy, GOP.