My letter to Senator Lugar concerning the “nuclear option”

I just wrote Senator Lugar to urge him to oppose Senator Frist’s “nuclear option”. The text of my letter:

Dear Senator Lugar:

I am writing to urge you to oppose Senator Frist’s use of the nuclear option. I know you are a good Republican and loyal to your party. That is to be admired. Your constituents, such as myself, voted for you expecting you to be a Republican. However, the use of the filibuster and observance of Senate Rules go beyond party loyalty. The appointment or non-appointment of federal judges, even though the appointments are for life, are transient when compared to the issues of the filibuster and observance of Senate Rules. Those are keystones of our Republic. I am sure it is frustrating to let a minority block the appointment of a dozen or so judges, but temporary annoyance is insufficient reason to tamper with the foundations of our democracy.

If you are kind enough to honor me with a response, I would thank you. But it would be my sincere hope that such a response would not contain disingenous arguments such as those I have heard from Senator Frist. Preventing Presidential nominees from receiving an up or down vote on the Senate floor is not unprecedented. The Senate has a long and somewhat proud history of such obstruction. Senator Frist has defined the issue so narrowly as to possibly be technically true but quite disingenuous: “unprecedented to filibuster a judicial nominee with majority support to prevent an up or down vote.” As a long-serving Hoosier with an honorable record of service, I suspect you understand the potential hazards of Senator Frist’s nuclear option. Those long-term hazards outweigh any short-term gain. As I said, I know you are a loyal party man. But, at this time, I believe the party’s course of action poses a serious threat to the health of the Republic. I would therefore urge you to split with your party if that becomes necessary to prevent the evisceration of the filibuster and to continue the faithful observance of the Senate’s Rules.

I thank you for your thoughtful consideration of this matter.