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.
Correct me if I'm wrong but doesn't the opposition just threaten to filibuster and that usually prevents the vote? Call their bluff and make them stand in the well and talk until they drop. See what they're made of instead of just rolling over before the "threat".
Frist is a Senator from my state. I'm acutely aware of his namby pamby ways. Frist believes he can be gentlemanly with the rats and get what he thinks is right. As a politician, he's a feckless ego trying to fill a suit. He was a darn good heart surgeon, but he's a wimpyman as a Senate Majority Leader.
""The Senate cannot allow the filibuster of circuit court nominees to continue."
So, what are you going to do about it?"
Same as he has since Day 1: Piss and moan about it. Supermodels have more hair on their ass than what passes for today's Senate Republican "leadsers". Bunch of gutless pansies.
Refreshing. Now let's hope we get more out of this than empty talk.
Frist is Majority Leader. He has 54 party colleagues to pass a rules change. It is up to him. He needs to display leadership, use the power of his position, do some arm twisting if necessary on a couple of the RINO's still standing.
He gave a great little speech on CSPAN, but preaching about the problem to the choir is of no value. Come the next Congress, Frist needs to act decisively.
Have there been any filibusters? Or just the usual Dem threat of a filibuster followed by an immediate surrender by the Republicans? I want Klansman Byrd reading the phonebook on the Senate floor for 24 hours. I expect there will be nothing more important this Senate term than the appointment of Supreme and Appeals Court justices. I don't want the Republicans to surrender.
That's not the way to end the filibuster. With 45 on their side, they can go on indefinitely. Too many people to hand it off to.
The proper way is a rules change.
Does the Senate majority leader have to be a Senator? Does he even have to be a Republican? Zell Miller would be a great pick.
This is one of the more short-sighted statements I have read on FR in a long time. It is only because of the filibuster that the long dry period from Hoover till now was not a whole lot worse. Given the open war between the relious right and constitutional conservatives, with some intelligent democrats circling the battle like hyenas, this republican majority may not last long.
Specter is a liberal. I have no idea why he ever wanted to add Repub to his name OTHER THAN conduct behind the scenes espionage and treachery against the conservatives.
No, there were active filibusters on a number of candidates and colutre motions failed. It was more than just and empty threat.
I heard some pundit say that Republicans need to learn to act like the winners. They need to act like the Majority in the Senate.
I watch c-span and c-span 2 and I think is wrong, wrong, wrong, that the Minority can affect things so much.. What good does it do to be the majority. Do you guys know that any senator at any time for any reason can put a "hold" on an amendment or bill? I could be for anything as stupid as being talked about on the floor without being present. It is also secret so that no one knows and can put pressure on that Senator.
These childish rules have got to go if the Senate is ever going to get anything accomplished. I for one do not want my tax dollars to go to salaries, and the running of the senate if they are just going to whine and cry and play games until they get their way.
I see no difference between judicial filibusters and filibusters in general. Each results in a tyranny of the minority. Either they are both okay or they both should go.
You're wrong. Debate on a change to the rules of the Senate can only be closed with the consent of two-thirds of the Senators present and voting...that's 67 votes, a "super fillibuster", as opposed to the 60 required to close debate on other questions. See Senate rule XXII.
Makes the possibility of a rule change highly unlikly. While I'd like to impute pure and noble motives to the Senate Republicans, I don't think enough of them will want to give up the possibility of having this leverage for their own future use. What if the shoe was on the other foot with John Kerry elevating some ultra-liberal judge from the California 9th District Court of Appeals to the Supreme Court and the Repulicans were in the Senate minority?
I wish Tom DeLay were Senate Majority Leader. He'd be "the exterminator" in more ways than one.
The case for ending judicial or presidential appointment filibusters is because the Constitution specifically set up a process of executive/legislative coordination that preceded the adoption of any housekeeping rules by the Senate.
The filibuster does NOT appear in the constitution.
The appointment process does.
DeLay isn't a Senator.
Which possibility was very close to being realized and could well be in one or two election cycles. We all understand the impatience to radicalize the SC on certain issues (called conservative if you agree with it all), but real change procedes at what many will perceive to be a glacial pace. It is the genius of the system put in place by our founding fathers. It may be frustratingly slow, but it keeps things from getting too out of kilter too fast. It keeps us from being like Italy or France.
I'm well aware of that.
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