GOP Fails to Break Pickering Filibuster

Yahoo ^

[sonsofliberty2000]

WASHINGTON - Senate Republicans on Thursday failed to break a Democratic filibuster of U.S. District Judge Charles Pickering's promotion to the federal appeals court, continuing a two-year standoff tinged with accusations of racial, religious and regional politics.

Pickering, a Mississippi federal judge who wants a seat on the 5th U.S. Circuit Court of Appeals (news - web sites) in New Orleans, has been accused by Democrats of supporting segregation. He also has been accused of pushing anti-abortion and anti-voting rights views during his time as a state lawmaker.

Republicans have countered that Pickering advocated voting rights for blacks in the 1960s and led integration efforts in the 1970s and 1980s. His supporters charged that his nomination has become a victim of an anti-Baptist, anti-Southern prejudice among many Democrats.

The GOP needed 60 votes to break the filibuster, but the final vote was 54-43. The Republicans have yet to break a Democratic filibuster this year.

Sen. Charles Schumer, D-N.Y., said Pickering is unqualified for the promotion.

Pickering's opponents complain that he supported segregation as a young man in Mississippi. They also point to his votes as a Mississippi state lawmaker against abortion and voting rights, and his judicial decisions, including efforts to reduce the sentence of a man convicted of burning a cross on the lawn of an interracial couple.

The 5th U.S. Circuit Court of Appeals handles appeals from Mississippi, Texas and Louisiana, and the federal judges on that circuit were known to be trailblazers on desegregation and voting rights in the past.

"The fork in the road we come to here is this," Schumer said. "On this nomination, in this important circuit, which has indeed done so much to move us forward, do we nominate a man who as I say on racial issues, is at best mixed, who recently showed in my judgment, at the very minimum showed an insensitivity on the cross-burning case."

Pickering's supporters say he is the victim of a liberal smear campaign.

"Pickering has been the victim by inaccurate race baiting and political trash talk by the news media, members of Congress and Washington's liberal elite," said Sen. Zell Miller, D-Ga. "Judge Pickering's critics continue to unfairly label him a racist and segregationist. Nothing could be further from the truth."

Sen. Trent Lott of Mississippi, the former Republican leader who has been Pickering's greatest supporter in the Senate, called Pickering "one of the smartest individuals, one of the best judges I've known in my life."

Lott was forced out of his leadership position last year after a hail of criticism followed his public praise of then-Sen. Strom Thurmond, a man who ran for president in 1948 as a segregationist.

Pickering's supporters, including his son, U.S. Rep. Chip Pickering, R-Miss., have lauded the judge for his courage in testifying against the Ku Klux Klan in Mississippi in 1967 and have noted that Pickering won Senate confirmation in 1990 to be a U.S. District judge.

Pickering "had his reputation besmirched a couple of years ago, and he's been willing to continue to see this through," Lott said. "He deserves to have his story told and a vote on his nomination."

Democrats say the unwinnable Pickering vote could be timed for Mississippi GOP gubernatorial challenger Haley Barbour to use against Democratic Gov. Ronnie Musgrove in the state's Nov. 4 election.

Both men have supported Pickering, but Southern Republicans periodically accuse their Democratic rivals — no matter how conservative — of being beholden to a party that is too liberal and out of touch with southern beliefs.

"I would hope we're not using the U.S. Senate to get involved in a gubernatorial election in Mississippi," said Sen. Patrick Leahy of Vermont, the top Democrat on the Senate Judiciary Committee (news - web sites).

Four Bush judicial nominees have now been blocked by Democrats: Pickering, Texas judge Priscilla Owen, Alabama Attorney General William Pryor and Hispanic lawyer Miguel Estrada.

Estrada asked that his name be withdrawn as a candidate for the U.S. Court of Appeals for the District of Columbia after Republicans failed seven times to break the Democratic filibuster.

The Senate has approved 167 U.S. federal judgeships for Bush since his inauguration in January 2001.

Pickering was the first of Bush's nominees to fall to the Democrats, who voted down his nomination last year when they controlled the Senate Judiciary Committee.

It takes 60 votes to break a filibuster and move a nominee to confirmation. Republicans control the chamber by a two-vote margin, with 51 Republicans, 48 Democrats and independent Sen. Jim Jeffords of Vermont, who usually sides with Democrats.

[sonsofliberty2000]

Democrats at it again. First Estrada now this.

Patriot Paradox

[alisasny]

This is about all the power they hold onto right now. Its kinda funny.

[sonsofliberty2000]

Charles W. Pickering, Sr.

http://www.usdoj.gov/olp/pickeringbio.htm

Biography

U. S. District Judge Charles W. Pickering, Sr., has had over ten years experience on the federal trial bench. He was appointed to the U.S. District Court for the Southern District of Mississippi on October 2, 1990, by President Bush’s father. Prior to appointment to the bench, Judge Pickering practiced law for almost thirty years, gaining extensive trial experience.

Prior to his appointment, Judge Pickering was active in civic, political, and religious activities in Mississippi. He was the head of the March of Dimes campaign in Jones County and coordinated the last campaign for a county wide polio vaccination. Judge Pickering served as Chairman of the Jones County Chapter of the American National Red Cross, Chairman of the Jones County Heart Fund, Chairman of the Jones County Drug Education Council, and Co-Chairman of the United Givers Fund. Judge Pickering served as the first Chairman of the Economic Development Authority of Jones County, which merged all private and public groups within the county engaged in economic development. In 1963 he was recognized as one of the three Outstanding Young Men in Mississippi.

Judge Pickering was appointed and served as City Prosecuting Attorney of Laurel and was elected and served four years as County Prosecuting Attorney of Jones County. He served briefly as Laurel City Judge, 1969, and was elected to two terms in the Mississippi State Senate, 1972 to 1980. He was the Republican nominee for Attorney General in 1979, and served as Chairman of the Mississippi Republican Party from 1976 to 1978.

Judge Pickering is active in his church and has served many years as a Sunday School teacher, as Chairman of the Deacons, Sunday School Superintendent, and Church Treasurer. He served as President of Southern Baptists in Mississippi from 1983 to 1985.

Judge Pickering graduated at the top of his law school class at the University of Mississippi where he was on the Law Journal and served as Chairman of the Moot Court Board.

Judge Pickering serves on the Judicial Branch Committee of the Judicial Conference of the United States. He served four years on the Board of Directors of the Federal Judges Association. Judge Pickering is now on the Board of Directors for the Institute for Racial Reconciliation at the University of Mississippi and works with a group in Laurel attempting to develop a program for at-risk kids.

Judge Pickering is married and has three daughters and one son. They have eighteen grandchildren.

[mhking]

Frist and his cronies have no balls. When are they going to take charge and stop letting the Dems run roughshod over them? I thought the GOP was in charge in the Senate. You wouldn't think so the way they have rolled over on the nominations.

[TheBigB]

Filibuster? What filibuster? No one's talking for hours on end. The LibDems are just saying we won't vote on him cause we know he'll be confirmed if we do, so nyaah. And the GOP says okay. So I ask again...what filibuster?

[lormand]

Look for Dubya to trump the use of child car seats today.

[Credo]

I think the GOP is wimping out on the death by filibuster option. After the Aid Package to Iraq passes, Frist should go to war on these nominees.

[KellyAdmirer]

Sen. Charles Schumer, D-N.Y., said Pickering is unqualified for the promotion.

Pickering's opponents complain that he supported segregation as a young man in Mississippi. They also point to his votes as a Mississippi state lawmaker against abortion and voting rights, and his judicial decisions, including efforts to reduce the sentence of a man convicted of burning a cross on the lawn of an interracial couple.

Ok, so the man is unqualified for a federal position because he supported segregation as a young man?

Mr. Schumer, what about Robert Byrd?

[Commiewatcher]

"Pickering's opponents complain that he supported segregation as a young man in Mississippi."

I guess that under this criteria former KKK Grand Kleagle Robert Byrdshyt should be forced to resign immediately.

[Mr. Jeeves]

On Fox News Sunday, Brit Hume and Tony Snow were asking Frist pointed but perfectly reasonable questions about why the Republican Seantors weren't doing more to get these nominations through. Frist's answers were unsatisfying and, dare I say it, he sounded like as much of a weasel as any of the Democrats during the "Defend Clinton at all Costs" era.

Frist may be an honorable and decent man, but he has got a lot to learn about sounding like a confident leader in public.

[ampat]

Ditto

[1Old Pro]

Filibuster? What filibuster? No one's talking for hours on end. The LibDems are just saying we won't vote on him cause we know he'll be confirmed if we do, so nyaah. And the GOP says okay. So I ask again...what filibuster?

I dunno, once they shut down the senate for a month, then that will be a fillibuster

[jmcclain19]

I'm going ape sh*t over this. Its time to go to the mattresses Frist. Doesn't the constitution say the Senate only has to give its consent, ie, get 51 votes.

Its time for the GOP leadership to grow a pair and go nuclear. Enough with this.

[andy58-in-nh]

This is insane. Why couldn't the Republicans run the Senate when THEY were in the minority?

The Democrats have managed to run the Senate from both positions because they are united and committed to winning at all costs. The Republicans are just happy to have the bigger offices. Ugh.

[Held_to_Ransom]

Filibuster? What filibuster?

Precisely, and the Republicans are just as much to blame in that as the Dems. Putting off the people's business is now a way of life and not just a serious travesty of prudent legislative behaviour.

[P-Marlowe]

Does anyone know why the GOP just doesn't change the senate rules to limit the debate on judicial nominees?

[antiRepublicrat]

The Reps were promising the "nuclear option" if this didn't go through. I wonder if they have the cahones to back up that statement.

[agrace]

For senate democrats? I agree.

[dixiechick2000]

Pickering ping!

I posted this on another thread...

"FWIW, this is related, and from Robert Novak. I heard Rodger Hedgecock speaking about this on Rush this morning. Maybe...just maybe...they are in the process of attaining some testicular fortitude.


"Now, Frist is about to mount a campaign in three phases, lasting through what’s left of this year’s session.

Phase One: Start this week with a cloture vote on the nomination of U.S. District Judge Charles Pickering Sr. of Mississippi for the 5th Circuit in New Orleans. Pickering, bottled up in the Judiciary Committee during the 2001-02 Democratic interregnum, has just been sent to the Senate floor.

Phase Two: Next, order a cloture vote for the second time on Alabama Attorney General William Pryor for the 11th Circuit in Atlanta. Claims by opponents that Pryor’s “deeply held beliefs” taint him for the court have produced accusations of anti-Catholicism.

Phase Three: Vote on three female nominees. Attempts to get cloture on Texas Supreme Court Justice Priscilla Owen’s nomination for the 5th Circuit has failed three times. California Superior Court Judge Carolyn Kuhl’s two-year-old nomination for the 9th Circuit in San Francisco is coming to the Senate floor for the first time. Just released by the Judiciary Committee and already threatened with a filibuster is California Supreme Court Justice Janice Rogers Brown, an African-American.

Failure to reach 60 votes for cloture on each of these three women is scheduled to be followed by consideration of the bill co-sponsored by Frist and conservative Democratic Sen. Zell Miller of Georgia. That measure would reduce the number of votes needed to end filibusters on nominations. That, too, will be filibustered in order to defeat it.

http://www.theunionleader.com/opinion_show.html?article=28185

There's more at the link. Registration is required, but it's not like they are asking your underwear size. ;o)

They seem to be preparing to go nuclear. We'll see if they actually follow through.

Hopefully, this will help Haley."

[pabianice]

And yet the Repubs refuse to use rules that are available to force a vote with just a 51-49 majority. They insist upon kissing someone who has just shoved a knife into them. Gutless wonders.