Posted on 11/11/2004 6:37:18 PM PST by xzins
Frist Says Democrats' Judicial Filibusters Must Stop
By Jesse J. Holland Associated Press Writer Published: Nov 11, 2004
WASHINGTON (AP) - Senate Majority Leader Bill Frist on Thursday urged Democrats to stop blocking President Bush's federal court nominees and hinted that he may try to change Senate rules to thwart their delaying tactics. "One way or another, the filibuster of judicial nominees must end," Frist, R-Tenn., said in a speech to the Federalist Society, a conservative legal group.
The Democrats' ability to stall White House picks for the federal bench was one of the most contentious issues of Bush's first term. Despite the GOP majority in the Senate, Democrats used the threat of a filibuster to block 10 of Bush's nominees to federal appeals courts. The Senate did confirm more than 200 of the president's choices.
Republicans hope their gain of four seats on Election Day will discourage Democrats from using filibusters again. But in a Senate next year with 45 Republicans, 44 Democrats and a Democrat-leaning independent, Democrats still will have the 40 votes necessary to uphold a filibuster.
Frist said filibustering judicial nominees is "radical. It is dangerous and it must be overcome. The Senate must be allowed to confirm judges who fairly, justly and independently interpret the law."
"The Senate cannot allow the filibuster of circuit court nominees to continue." Frist said. "Nor can we allow the filibuster to extend to potential Supreme Court nominees."
Chief Justice William H. Rehnquist, 80, is seriously ill with thyroid cancer, and three other justices have had cancer. The average age of the nine court members is 70. Speculation on a Supreme Court retirement has grown in part because there has been no vacancy in more than 10 years.
The Bush's administration's former chief lawyer at the high court told the organization earlier Thursday that "any attempted new appointment to the court, especially that of a chief justice, will set off a political firestorm."
Theodore Olson added, "The presidential election was merely about the next four years. A Supreme Court justice is for life. It will not be pretty." Olson, who represented Bush before the Supreme Court in Bush v. Gore four years ago and then became solicitor general after Bush took office, predicted that the president would get to name as many as three justices during his second term.
Frist previously has advocated changing Senate rules to make it more difficult to continue a filibuster. While the idea went nowhere in the current Congress, Frist raised it again in his speech, saying that judicial filibusters were "nothing less than a formula for tyranny by the minority."
"The Senate now faces a choice: Either we accept a new and destructive practice or we act to restore constitutional balance," he said.
To block some of Bush's nominees, Democrats have used procedures that required Republicans to come up with 60 votes to advance the president's choices. It takes 60 votes in the 100-member Senate to break a filibuster, meaning some Democrats would have to side with Republicans.
Olson reminded the group of what he called malicious attacks on previous conservative nominees Clarence Thomas and Robert Bork. Thomas, named by Bush's father, was narrowly approved. Bork, a Reagan choice, was rejected.
"It could easily be worse next time around," Olson said.
Olson has been mentioned as a possible high court pick, but his confirmation for solicitor general was rocky.
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Associated Press writer Gina Holland contributed to this report.
"The Senate now faces a choice: Either we accept a new and destructive practice or we act to restore constitutional balance," he said.
Well, this is positive. I hope he carries through on it.
If they dont stop, will frist, cry, stomp his feet, tell his Mommy or just let the bad people have their way with him as usual????
aside from saying "about time"..IMHO, there's a hidden agenda to these comments, AT THIS TIME....Arlen wants a meeting with the GOP members of the Judiciary committee next week..to make his case..I think he'd better strongly second Frist's comments..lay down the law to the Dems...before the meeting, otherwise he's toast..this will force Arlen to get on the record..
Feeding red meat to the faithful while grabbing his ankles for Snarlin' Arlen. Frist needs to clean up the RINO mess before addressing the Dimwit problem.
The voters threw Frist the ball, let's hope he slams it down the Dems throat. Not like they wouldn't do it.
Ping.
If Frist gets Bush's judges on the Supreme Court, he makes himself the #1 candidate for conservatives within the Rep Party for the presidential nod in 2008. He'd be a fool not to try to seriously resolve this outrage now...
The Senate is allowed to make its own rules.
Old rules of old Senates are not sacrosanct...otherwise they'd have the force of constitutional amendments.
Each Senate, at the beginning of the term, can make its own rules, change old rules, or throw out unwanted rules.
AND by simple majority vote WITHOUT the possibility of filibuster.
So, what are you going to do about it?
Did the AP make a typo that passed by all the editors, or did they decide to lie about the number of Republicans in the Senate? Years ago, I would have said it was a typo. Now, I'm not so sure.
Maybe if you'd actually make them filibuster...
I want him to say "they WILL stop". Not just must stop.
The GOP Senate Majority Leader self-castration tradition continues. Pioneered by Dole, and perfected by Lott, Frist takes it as part of job.
Is that a Presidential run in 2008 I smell?
Fine - what's he REALLY going to do about it???
Talk is cheap.
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