By Scott Crass
On the eve of the U.S. Olympic gymnastics team capturing a gold medal, Tom Coburn’s maneuvering’s on the nomination of a home-state Judge would without question give the team a run for money.
When Robert Bacharach was nominated for a seat on the 10th Circuit Court of Appeals in January, Coburn lamented out loud that his fellow Oklahoman might fall victim to election year politics. The whole process, he said, was “stupid.” So how does Coburn let it play out? Bacharach was the first person to tangibly get caught in the” Thurmond Rule”, named for the late South Carolina Senator which says that if it is within 6 months of a Presidential election, votes on Circuit Court nominees will be deferred until after the elections. But Bacharach does get posted for a vote, a monumental occurrence which in many cases, is a nominees biggest hurdle.
Coburn acknowledges him to be among the most qualified nominees in “my eight years in the Senate,” But he declines to vote to break the filibuster by his GOP colleagues that would’ve cut off debate on the nomination because of the proximity to the Presidential election. So Coburn records his vote as “present.”
It doesn’t stop there. Coburn then proceeds to give a lengthy accolade of Bacharach on the Senate floor, contending that it’s not about him and that, get this, if Romney wins the election he’d urge the President-elect to resubmit Bacharach’s name.
And this folks, must set a true world record. Five positions on a two-sided issue with rhetoric that would lead spectators to wonder if the true gymnastic Olympiads are not in London, but in Washington DC, right in the United States Senate. And as far as the “stupid” comment, doesn’t effectively voting against someone before you vote for them while saying as much make you look say,“stupider?”
My comments are not designed to denigrate Tom Coburn. He is one of the few members of the Senate, often to the consternation and anger of his colleagues on both sides, who actually seem committed to a cause, often pondering his personal introspections out loud.
That was indicated as much by his first indication that he was considering supporting his party over the weekend, just after Reid had filed cloture. Coburn told local newspapers that he was genuinely undecided about whether to abandon his party. He said he’d weigh giving his state their Judge against “rewarding Harry Reid for the way he’s run the Senate” (what am I thinking, of course an Oklahoma Judgeship comes down to leadership attributes of Harry Reid).
Coburn called Reid “imperial.” But days later, in fact just after the Senate fell short of Bacharach’s cloture, he’d apologize to Reid in the same speech in which he’d gush over his just scalped. He approached the leader, reached out his hand and held it for nearly 10 seconds before Reid shook it.
So sincere,Coburn may very well be. But at least some of his colleagues were looking to him for guidance, not to mention that a few more “ayes” on Bacharach would’ve given his constituents a seat on the bench that has been vacant for 2 years..
Oklahoma’s other Senator did a little less to conceal his posturing, but did so nonetheless. Refusing to comment all weekend, Inhofe said on the Senate floor that he could not vote against Bacharach’s nomination, but that he could vote “present.” Inhofe acknowledged it was ”awkward [that] one of the best nominees, Robert Bacharach, is the one that’s the subject of this thing, and I regret that’s the case.
Neither Coburn nor Inhofe face the voters this year (and hailing from the state that gave Obama his lowest percentage, probably wouldn’t see much more than residual damage).
But many in the legal community have been pleading with the duo and I’d love to see them look voters in the eye and explain why After all, if Oklahomans can’t rely on their Senators to advocate for their state, who can they turn to? At the very least, residents of the “Sooner State” have the right to ask what in the heck is going on?
Yes, I cited the gymnastics team but perhaps the Chinese badminton team would’ve been a better comparison. You know, the team that purposely missed hard shots in order to face an easy team. Ultimately, they were disqualified, and perhaps this process ought to be as well. Look at the consequences. And a good man, a fine Judge, and an entire bench will suffer.