Thomas Sowell
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The Senate Democrats hung tough and the Republicans wimped out. The Republicans had the votes but they didn't have the guts.

 That is the bottom line on the compromise agreement that will allow votes to proceed on judicial nominees without a filibuster, except in "extraordinary" cases. In other words, the Democrats will filibuster only when they feel like filibustering, since they will define what "extraordinary" means to them.

 Although the Republicans have more votes in the Senate, and also have Vice-President Cheney to cast the deciding vote in case of a tie, the Democrats stuck together. None of them went around wringing their hands in the media about how hard it would be for them to support their party if it came to a vote.

 Unity often beats disunity, even when the side that is unified is smaller.

 This is not a unique situation. Democrats have long understood that they are in Washington to represent the people who voted for them. Too many Republicans seem to think that they are in Washington to make deals with the Democrats.

 Some people welcome all compromises, domestic or international, on grounds that these compromises "ease tensions" and "avoid confrontations."

 You can always ease tensions and avoid confrontations by surrendering. You can always postpone a showdown, even when that simply lets the problem fester and grow worse.

 Some Republicans may take comfort from the fact that they still have the option of changing the Senate rules in the future if the Democrats violate the spirit of their deal. But, once you have had the votes to win and wimped out instead, there is little reason to think that the weak sisters and opportunists on your side will be with you the next time high noon rolls around.

 While members of both parties are trying to put a good face on this political deal and the media have gushed about this "bipartisan" agreement, Republican Senator Charles Grassley was one of the few who called a spade a spade, when he characterized what happened as "unilateral disarmament" by the Republicans.

 If it was just the Republican Party that lost in this confrontation, that would be a minor partisan matter. What is of major importance is that the American people lost a golden opportunity that may not come again in this generation.

 That opportunity is -- or was -- to set in concrete both the Senate's right to vote on judicial nominees and the American people's right to govern themselves, instead of being ruled by judges who increasingly take decisions out of the hands of elected officials and impose their own personal policy preferences.

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Thomas Sowell

Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.

Creators Syndicate