A Haunting Specter

Many conservatives were leery of turning the chairmanship of the Senate Judiciary Committee over to Arlen Specter after his post-election remarks that seemed to warn President Bush about forwarding conservative judicial nominees. Specter was ultimately given the post, despite a serious grass-roots campaign against him, when he issued this statement pledging to work for the president's nominees.

Specter delivered a speech on the Senate floor on Thursday, April 21, regarding judicial nominations, filibusters, and the constitutional option to end the filibusters, and stated the following:

"On these critical issues with these cataclysmic consequences, I urge my colleagues on both sides of the aisle to study the issues and to vote their consciences independent of party dictation. I have not rendered a decision on how I would vote on the constitutional/nuclear option, but instead have been working to break the impasse by confirming or rejecting the previously filibustered nominees by up or down votes. . . . Central to the definition of deliberation is thought. And we pride ourselves on being the world’s greatest deliberative body. And thought requires independence—not response to party loyalty or any other form of dictation. The lessons of our best days as a nation should serve as a model today for Senators to vote their consciences on the confirmation of judges and on the constitutional/nuclear option." [Emphasis added.]

The highlighted portion of his speech is notable for the contrast it appears to draw with the statement he issued to ensure his chairmanship:

"I have already registered my opposition to the Democrats’ filibusters with 17 floor statements and will use my best efforts to stop any future filibusters. It is my hope and expectation that we can avoid future filibusters and judicial gridlock with a 55-45 Republican majority and election results demonstrating voter dissatisfaction with Democratic filibusters. If a rule change is necessary to avoid filibusters, there are relevant recent precedents to secure rule changes with 51 votes." [Emphases added.]

Now that he is safely ensconced in the Judiciary Committee chairmanship, Senator Specter apparently feels free to act as though that position were never in doubt. While the recent Senate speech would no doubt be cast by the senator as a pox on both the Republicans' and Democrats' houses, the tone of "I have not rendered a decision on how I would vote" on ending judicial filibusters stands in stark contrast to his assurance that there are "precedents to secure rule changes with 51 votes." We'll see if the major media pick up on this story. The Washington Times has run an article, but I have seen little elsewhere.