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Laelth

(32,017 posts)
Thu Nov 21, 2013, 02:42 PM Nov 2013

Celebration time! [View all]

Forgive me for gushing, but the Senate's decision to erode the filibuster is momentous. Its significance is beyond what most Democrats comprehend, so let me let you see what I see.

First off, the filibuster stinks. It has been a pernicious tool used by low-population states to impede progress in this country since 1787. It wasn't completely destroyed today (I wish it had been), but for the first time in decades, we weakened it, and this bodes well for the entire country.

What most Americans do not understand is that most laws are made by judges. Yes, the Constitution is the highest law of the land, but it's pretty skimpy. It doesn't cover a lot of legal ground. Statutes of the Federal Government are the next highest law of the land, and they cover a lot, but Congress can't pay attention to the minutia. They're too busy. Most laws are what we call case law, i.e. interpretations of statutes--laws made by judges. What the recent change to the filibuster rule in the Senate has allowed is for President Obama to nominate (and, presumably, get confirmation for) any judge he wants to appoint to the Federal Courts (SCOTUS excepted, as per today's rule change). I would have preferred, of course, the complete elimination of the filibuster, but I am quite happy with what we got.

This is a big deal. As an attorney, and as an officer of the Court, I am thrilled that the President now has the power to appoint liberal judges wherever and whenever he sees fit withour the need for any Republican consent. This move will have a lasting effect on our republic. Our laws will change. In the future, conservative laws will be given limited interpretation. Liberal laws, on the other hand, will be given wide latitude and will be given broad interpretation as more liberal judges are appointed by the President.

The judiciary (of which I am a part) is, theoretically, an equal branch of our government. Today, we got a rule that will allow the judiciary to become (quite quickly) much more liberal. I'm pleased as punch! Time to ...

[font size=48 color=blue]CELEBRATE![/font]



-Laelth

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