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Revoking filibusters
muzzles precious
right to debate

THE ISSUE The U.S. Senate is set to ignite the so-called "nuclear option" to cut off debate on judicial appointments.

THE bitingly harsh struggle in the U.S. Senate over confirmation of judges risks a dangerous shift of power from the legislative body to the executive branch.

At stake are more than seven federal appellate court appointments, more than the cravings of presidential aspirants, more than potential U.S. Supreme Court nominees, even more than the prestige of President Bush.

The assault on filibusters imperils the procedure that guarantees that the Senate minority will at least be heard and will have the means to carry out its constitutional obligation to advise and consent.

Discarding the filibuster rule will allow the one party that dominates both the White House and Congress to run its powers unchecked, handing it the opportunity to control the only other branch of government -- the judiciary. Today that party is Republican, but tomorrow it might be Democratic -- something for senators to contemplate.

The bitter conflict that played out last week will continue through Tuesday when the Senate's Republican majority has scheduled a vote to ignite the fuse of what is being called the "nuclear option." Holding the match is Vice President Dick Cheney, who as presiding officer of the Senate will set up a course of action to shut off opposition to a vote on the nominees.

Most of the nominees for lifetime jobs on the bench are lackluster at best, but conservative credentials trump reason when ideology is paramount. Bush, who supplied the fuel for the Senate blowup by stubbornly resubmitting his nominees after they had been rejected once, is unsatisfied with having 208 -- 95 percent -- of his candidates confirmed. However, he is taking a gamble, too.

While cutting off the filibuster would wound Democrats, they might use other rules to slow Senate business. More significant is that the action will destroy the spirit of compromise, the hallmark of the Senate. Bush's initiatives might stutter or stall in the ruins of this battle.

Majority Leader Bill Frist, who aspires to the presidency, apparently feels the need to please the most conservative members of his party by revoking filibusters. Like his misstep in condemning judges in the Terri Schiavo case, Frist appears to have misread the sentiments of the public at large. A recent poll shows that a considerable majority of Americans, including Republicans and independents, want the Senate to be assertive in examining judicial nominees.

There is a slim chance that moderates in both parties will cool the clash. Barring that, the Republican power grab will silence loyal opposition. There will be no debate, no discussion, no give and take, no voices asking why or why not.

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