Monday, May 23, 2005

IF ANYBODY WAS STILL WONDERING IF THE "nuclear option" would indeed come to fruition, the Supreme Court's decision to hear a controversial abortion case next session almost insures that the nuclear option will become necessary.

The New Hampshire law required that a parent or guardian be notified if an abortion was to be done on a woman under 18. The notification had to be made in person or by certified mail 48 hours before the pregnancy was terminated.

The reason it is coming before the Supremes is that New Hampshire officials don't see the necessity of a health exception.

New Hampshire officials argued that the abortion law need not have an "explicit health exception" because other state provisions call for exceptions when the mother's health is at risk.

Why would this be a big deal in regards to the filubuster? Bulldogpundit explains:

Because the issue of abortion, which drives many on the left and right of the judges issue, will harden positions given that the ultimate fight here is over the Democrats desire to filibuster a Supreme Court nomination. You can bet that Democrats will not accept any deal that bars them from filibustering a Supreme Court nominee under any circumstances given the pressure that will likely come from the special interest groups and leadership now that they know an abortion case is on next year's docket, and with Rehnquist likely retiring.

This may also raise new questions among the RINO's trying to work out this "compromise" (we call it "capitulation") as to what the Democrats will consider "extraordinary" or "extreme" circumstances, which are the conditions under which the Dems want to filibuster.

The Democrats have really painted themselves into a corner on this one. Were they to have filibustered one or two of the nominees we wouldn't even be having this discussion. Instead they have cried wolf on several and now must see this thing through. With this case coming up, thus creating urgency for both sides, the Dem's have left themselves no option, having overplayed the "extreme" hand, but to have this showdown now.

It also means that the Republicans are more than likely to push the nuclear option and "on the fence" Republicans are more likely to support it. After all, do we really want to be right back here in the very near future, defending against the filibuster when it comes time to replace Justice Rehnquist?

1 comment:

Armand said...

Wouldn't it be easier if the broken-wing of the left were to simply do ANYTHING to approach the mainstream instead of shoving itself farther out on the limb?