Smith goes nuclear.

Byline: The Register-Guard

Oregon Sen. Gordon Smith said Wednesday he would join Senate Majority Leader Bill Frist in supporting a rule change to bar the use of the filibuster against judicial nominees. Smith had made no clear commitment before then, and was regarded as one of the moderate Republicans who might be wary of restricting the rights of the political minority.

Smith's decision is disappointing; Oregonians might have hoped for Smith to show greater appreciation for the unique institution in which he serves.

Republicans claim Senate Democrats have been obstructionists in their use of the filibuster to block the confirmation of seven nominees to lifetime judicial positions. It's true that Democrats have elevated the use of the filibuster to a new level. But their obstructionism, if that's what it is, has been selective - 200 other judges nominated by President Bush have been confirmed. And Republicans have used the filibuster and other maneuvers to prevent Senate confirmations in the past, denying more than 60 of President Clinton's nominees the up-or-down vote that Frist and others now say that every nominee deserves.

Democrats have been able to make effective use of the filibuster because it takes the votes of 60 senators to end one. But only 50 of the 55 members of the Republican majority would be needed to support a ruling by Vice President Dick Cheney, acting in his role as Senate president, barring the use of the filibuster against judicial nominees. Such a rule change, which Frist labeled the "nuclear option," would restrict the Senate's centuries-old tradition of unlimited debate - a tradition that arises from the founders' desire to ensure that each state has a voice in national affairs.

The importance of an empowered minority in the Senate should be apparent today, with Republicans in control of the White House and both chambers of Congress. The Democratic minority is the only check on one-party rule - and even when power is in their hands, Republicans should understand the value of having such a check in place.

Republicans, with their high degree of loyalty and discipline, are unlikely to reject anyone nominated by Bush. The exercise of the nuclear option would turn the Senate into a rubber stamp, and drain the confirmation process of its useful function of ensuring that judges have some degree of bipartisan support.

Once the nuclear option is exercised, there will be no going back. Limits on the use of the filibuster could be expected to expand beyond judicial nominations, allowing simple majorities in the Senate to control not only confirmations but legislation. These changes, adopted for partisan advantage, would have a bipartisan effect - a future Democratic president with 50 votes in the Senate could safely ignore Republicans' opinions.

Smith is undoubtedly under intense pressure to get in line with Frist. Yet the Senate is by design a place where such pressure can be resisted - every senator has procedural power, including the power of the filibuster. By giving some of that power away, Smith may help enlarge his party's influence in the short run. But in the long term, he will diminish his own and every other senator's ability to act indepen- dently.

It's not too late for Smith to re- consider.