Negotiation 101

Today's Washington Post story, Gloves Off As Senators Start Debate On Judges:

"The 'six and six' proposal, as it is called, would obligate Democratic signatories to forswear backing a filibuster against future judicial nominees except in extraordinary circumstances. In return, the six GOP signers would agree to vote against efforts to ban judicial filibusters, the aides said."

This is exactly what I'm afraid of. These accomodationist Republican Senators should not negotiate for the party. They obviously don't know how!

1. The Democrats reserve for themselves the option of filibustering in "extraordinary circumstances," but the Republicans abandon the nuclear option altogether. They ought at least to reserve the nuclear option for "extraordinary circumstances," too.

2. The Republicans have allowed the Democrats to open their negotiations from an outrageously illegitimate starting point, and thay have met them more than half way. They concede more than they get in return. They accept de facto the legitimacy of party-line, systematic, sore-loser blocking of nominees based on judicial philosophy rather than competence.

3. The Democrats define their own illegitimate terms, leaving the agreement open-ended. Note that the phrase used is no longer "extreme" because the Democrats have labeled every Bush nominee an extremist. Every time Bush nominates someone consistent with his policies and philosophy, it is "extreme" in their eyes. They have so cheapened that word that even these appeasement Republicans recognize it no longer has weight. So, the Democrats concede a change of terminology, but unilaterally define for themselves what is an "extraordinary circumstance." Does anyone doubt that a Bush nomination for Supreme Court will automatically constitute an "extraordinary circumstance?"

4. The Republicans demonstrate no familiarity with the track record of their opponents. Know your opponent is the first rule of negotiating. Joe Lieberman tried to do away with all filibusters in 1995 with the Lieberman-Harkin act. Robert Byrd is the architect of this strategy, having set the precedent for changing Senate Rules. How can anyone believe these men are negotiating in good faith?

These moderate Republicans are not keeping faith with over 63 million Americans who voted for Bush.