On the Side of Democracy

While the politics of the judicial filibuster issue continue to attract the most attention, it's important to remember that this is an issue with a substantive dimension as well. Lincoln Caplan's words bear repeating:

Because we count on judges' impartiality in making their rulings, Democrats are standing up for democracy in fighting to keep the filibuster. In the war over the courts, they recognize that it's a tool for ensuring that the president's nominees are worthy of life tenure — especially when Republicans insist on their right to pick judges because of ideology. The function of the selection process prescribed in the Constitution is to hold nominees accountable regarding their fitness for the bench. As [US Court of Appeals Judge] Stanley Birch reminded us in the Schiavo case, the payoff of responsible advice and consent is a well-chosen judge who, rather than weaken our system of checks and balances, will exercise his independence to reaffirm the strength of American democracy.

We've seen the kinds of judges that the Republicans would confirm if the Democrats weren't there to stop them, and it's not a pretty sight. At stake is nothing less than the independence of the judiciary — we want to keep it, they don't. It's as simple as that.