To: Senator Gordon Smith
Cc: Senator Ron Wyden
Dear Senator Gordon:
I recently received your December 7 reply to my letter [see the comment at my letter for Smith's reply] in which I had stated that I believe the filibuster rules should be preserved. I am disappointed in your position. Nor did your letter did nothing to change my mind.
As I wrote to you last time, the filibuster has served ably (and not in constant violation of the Constitution!) for 200 years in the Senate to provide a brake on the "tyranny of the majority". This brake helps protect the minority political representation of the millions and millions of voters that voted in non-Republican Senators across America. The point is for the filibuster to be able to stop extreme actions by a slim majority, not merely provide a symbolic means of protest which is all that S.R. 138 would do.
Your colleague, Senator Bill Frist cleverly twisted the language into "tyranny of the minority", but cleverness isn't truth and it simply isn't borne out by the facts since, as you know, 95% of Bush's judicial nominees have been approved.
But more accurately Frist has called his own proposed rule change the "nuclear option" for a reason, hasn't he? This will be an extremely divisive move, unprecedented in 200 years. By forcing rule changes in order to cram ideologues onto the courts, it will undermine the American goal of a judiciary perceived as fair and unbiased to the vast majority of Americans, not just the current sitting majority.
After four years of Republican control of the White House, Senate and House, most citizens believe that America is headed in the wrong direction under Bush's leadership. This is not the time to increase the partisanship, this is not the time to further divide America.
Rather, this should be a time of boldly working to unite America so that we can confront the real, and daunting, tasks ahead: leading the world to kill the roots of terrorism around the world, and renewing our economy to compete in the new millennium of globalism and a surging China by using tools like innovative energy replacements for foreign and domestic oil and like health care for all our kids.
I urge you to put Frist's divisive partisanship aside, change your position and thus respect the notion that political minorities have rights too, and to allow at least some limits on our system, as your Senate colleagues have nobly done for 200 years, so that we can have a judiciary that the vast majority of Americans trust.