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.
---
Associated Press writer Gina Holland contributed to this report.
Good point. If he wants that prize, he's got to show some guts, and do it now.
Frist," Now you guys just stop it". What a joke. Republicans have never carried thru on any threats and the demorats know it. It is high time the Republicans started acting like warriors instead of tip-toeing thru the tulips.
I know AP is willing to lie to elect Democrats, but you would think even *they* would know that it hurts their credibility to understate the number of Republican senators by 10!
There will be 55 Republicans, not 45.
DUH! All the Senate rules are designed to increase the power of individual Senators who must shakedown lobbyest for an average of over $100,000 a month in contributions.
That's why they always elect weak leaders also.
Absolutely correct! And if we cleaned up the Spectre problem, the rat problem might fade somewhat on its own. Unfortunately, the Senate Republicans have a bite as fierce as the UN's... :(
If Fristy keeps playing the dems game--then he probably need not appear again here in Iowa---his 08 plans will tank.
Let them change the rules.
Let them play their silly-ass filibuster games! Come next election the new Senate minority leader's head will be delivered to the DNC just as little Tommy's was!!! They are getting very, very, very close to a 'filibuster proof' Senate and ought not be playing games with that procedure.....
see #30
"Senate Majority Leader Bill Frist on Thursday urged Democrats ..." Ball-less Frist asks pretty please ...
We CAN break the filibuster.
Certainly there must be five Democrat senators from red states whose feet can be held to the fire.
Nelson brom Nebraska, Baucus from Montana, the three remaining Demoncrat senators from the Dakota's.
Daschle is gone now. It's great that he was targeted, but we need to target more than just one. It's time to target all the others.
When was the last time you heard Rush talk about Nelson, Baucus and the others? When was the last time Rush talked about how these guys vote 90% liberal even though their constituents are "red state" through and through?
See #30
When pigs fly, I'm afraid.
ff
Why do you quote AP's balless use of the word "urge" and blame it on Frist?
This is what Frist said. Did you miss it?
Frist explained the situation at the end of last summer but no one was paying attention.
He polled the republicans about going nuclear. Up to 5 RINOs responded that they would not support.
My guess on the names of the 5: Chaffee, Snowe, Specter, McCain....???
If it is the same 5 and there are no new defections, then the rules changes would win a 50-50 tie with VP Cheney breaking the tie.
Make Dr. Coburn the majority leader and I promise you won't have these problems anymore!
He's going to put his foot down. I guarandamntee it!!
You know what kills me about this whole thing is that the Rats don't even have to do a real fillibuster to stop legislation. They just threaten one and everybody clams up and goes home for the night. In the old days you had to hold the floor for as many hours as it took. Those guys would talk for hours on end. The majority needs to stand firm and force the minority to put up (for hours at a time) or shut up.
Must make sure Specter does not get the chair, he is as bad as any democrat.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.