Brian McCabe Refutes “History Professor” David Greenberg
In today’s L.A. Times, there is a good letter from Brian McCabe of Progress for America on that lousy David Greenberg op-ed about judicial filibusters:
Professor Greenberg claims that “a band of Republicans and Southern Democrats” filibustered Fortas’ nomination as chief justice of the U.S. Supreme Court “because of his liberal jurisprudence” and that Fortas was merely guilty of a “petty offense that critics inflated into a disqualifying crime.”
Further, Greenberg claims that filibustering judicial nominees is common.
Here are the facts:
1. President Johnson nominated Abe Fortas to the U.S. Supreme Court in 1965 and the Senate confirmed his nomination without raising any of the ideological or religious issues that Greenberg claims were the real basis of the opposition.
After Justice Fortas was nominated as chief justice in 1968, however, it was revealed that Fortas was on the payroll of jailed financier Louis Wolfson while on the bench. Further, Justice Fortas arranged for his wife to receive the $20,000 payment each year after his death.
Even worse, Fortas lied at his confirmation hearing in the Senate when he was questioned about his relationship with Wolfson, who remained under an ongoing criminal investigation.
2. The Senate has never filibustered a nominee supported by a majority of senators. Period.
Brian McCabe
President
Progress for America
Washington, D.C.
Well done.
Our definitions of “well done” differ. The first point is a lie, the second one is an unfalsifiable counterfactual.
1. Peruse any biography of Fortas – for example this one – and you will find out that the Wolfson scandal broke only after Fortas withdrew his nomination. McCabe is either ignorant of this or deliberately dishonest in his reply.
2. What’s the point of filibustering someone if he doesn’t have majority support?
Unfalsifiable counterfactual: The only way to know whether a nominee is supported by a majority of the senators is to have a vote. There is simply no way to know whether a filibustered nominee does or does not have a majority. I wonder what sort of magic ball McCabe has that allows him to make this statement.
detached observer (8015f0) — 5/8/2005 @ 11:06 pmI believe Sen. Dirksen went to LBJ before the scandl(re’ Wolfson) broke and showed him the evidence of the financial deal.This was done as a courtesy to prevent embarassment.So while the scandal was post withdrawl,the knowledge of the deal(and the fact the release of the information would scuttle the nomination) wasn’t.)If this isn’t enough I will find the source.
lincoln (dfaf29) — 5/9/2005 @ 2:39 pmyes, find the source please.
detached observer (a77747) — 5/9/2005 @ 6:48 pm