‘Mr. Frist goes to Washington’

By Kevin McCullough

One of the reasons I love the work of actor Jimmy Stewart is because of the unassuming ways he portrayed his characters on screen. We all know how much we cheer for his character in “It’s A Wonderful Life,” but one of my favorite roles he ever did was that of “Mr. Smith.”

It’s been years since I last saw it. In fact, it was in my government class in high school, I believe. It’s a simple story really – a young, unassuming guy is picked to fill out the term of a senator who has deceased. Of course, Mr. Smith knows nothing of the inner-workings of the complex legislative body – and that’s why he was picked – to warm a chair, cast a vote when told, etc.

I can’t help but think that the movie itself makes some sort of grand gesture or statement about the average “Joe” in America. Even back in the age of black and white – someone felt it necessary to tell the story of how average “Joe” wakes up to the immorality of public policy and makes a stand on principle to do something about it.

I can’t help but wonder if they felt that way in the days of black and white, how would they feel today in the age of the post-blue dress?

For the better part of two years now, a good and decent man has been awaiting confirmation to his new job – a seat on the federal circuit court. His name is Miguel Estrada. I have written repeatedly over the last two years as to why he must be confirmed.

In November, the nation took and important step and won back the committees in the Senate to get the bottled up nominees out of the Senate Judiciary committee. Once they hit the Senate floor however, ugliness beyond any we’ve ever seen has also been unveiled.

In “Mr. Smith’s” movie, the thing I remember most is that it was the first time I had ever heard of the term filibuster. It turned out to be the tool that helped him make his stand.

The Senate Democrats – at least a handful of them, the racist ones at that – are supposedly conducting a filibuster against Miguel Estrada’s confirmation vote. But, wait a second – something is missing here.

In “Mr. Smith,” Stewart’s character has to continue speaking, non-stop, day and night in order to effectively carry out his filibuster. He gets tired. He gets cranky. In one episode, he begins reading the dictionary simply because he has run out of anything else to say. In today’s Senate, they take two week breaks, they take a cloture vote and then they move on to other business.

That’s a filibuster? What so hard about maintaining that?

If racist Sen. Boxer from California wishes to filibuster the most heroic Latino judge ever to grow up in America, she has the right – but for Heaven’s sake, make her stay up all night to do it. If the racist Sen. Byrd from West Virginia wishes to see himself as playing a significant role in “affecting the future of the judiciary,” at least make him stay in the chamber and earn it. If the racist Sen. Durbin from Illinois, or the racist Sen. Daschle from South Dakota, or the racist Sen. Leahy from Vermont (you notice how they’re all white) wish to “send a message” to the president, at least force them to get buzzed by the coffee they would be forced to consume to stand and maintain the floor. And if the racist Sen. Kennedy from Massachusetts wishes to have a few nightcaps while filibustering, let him – he may by mistake allow the Senate to end the filibuster and thus cave on the strategy.

It just seems to me that the filibustering these racist senators are willing to engage in is pretty wimpy. And since Miguel Estrada’s own story is one of such personal triumph and heroic efforts in overcoming the odds facing him from the time he came to this country – I say make the wimps work. Keep them up all night, call for cloture votes 10 times a day – not once every 10 weeks.

Mr. Frist, we fought for your nomination because you were not Trent Lott. I appreciate your efforts in working hard to see to it that the Senate will be more effective under your leadership.

But resignation to letting Miguel Estrada remain unconfirmed is not the best approach.

Make these racist Democratic senators earn their filibuster – keep them in session tonight and clear the docket of everything else until they break. Order the chambers open, let Americans come and stare at the racist senator from New York as she tries to keep the floor without putting everyone under the hypnotic – I mean, sleep enticing – spell of her droning voice.

The racists Senate Democrats are counting on the fact that they will get the Senate on to other business and distracted from the issue at hand. Let’s make that task – by them – the hardest thing they have ever had to work for.

In doing so, the battle for right vs. wrong will be clearly defined and even with the war on terror continuing, America will see and observe that in the judiciary’s greatest time of crisis, that the majority, who were on the side of good, stood up to the few racist voices who would seek the greater harm.

Mr. Frist: We’re counting on you!

Kevin McCullough

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