News today that Senate Majority Leader Harry Reid intends to try to persuade Judiciary Chairman Patrick Leahy to buck tradition and hold a hearing for his nominee to the federal bench means one of two things:
1. Reid intends to ensure Elissa Cadish gets a hearing.
2. Reid intends to ensure he looks as if he wants Elissa Cadish to get a hearing.
Reid is in a box, as I have argued previously. Heller will not change his mind, and although I firmly believe he did not want this public conflict with Reid, he has nothing to lose.
I do not see the political upside here for Reid, who I believe is personally invested in Cadish and may actually believe she is getting a raw deal. But he is too smart not to know she will never be confirmed because of her Second Amendment position -- one Republican said a hearing would "start a nuclear war" in the Senate -- so he’s either acting out of ego or preparing a charade:
“Hey, Pat, let’s just say I asked you for a hearing and you insisted the tradition is paramount.”
“But won’t that make you look weak as a leader, Harry?”
“Nah. I can just say I respect the tradition, too, and I will criticize Heller again.”
“Works for me.”
And this is the way a judicial nomination ends…..
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