Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Resist the Filibuster Fiat (Democrats Plead)
Washington Post ^ | January 31, 2005 | Kevin Drum

Posted on 01/31/2005 3:41:25 PM PST by RWR8189

During President Bush's first term, 10 of his judicial nominees were filibustered by Senate Democrats. This month, when the 109th Congress convened, Senate Majority Leader Bill Frist finally declared war. Calling the filibusters an "unfortunate break with more than 200 years of Senate tradition," he made the Democrats an offer he hopes they can't refuse. "Right now," he said ominously, "we cannot be certain judicial filibusters will cease. So I reserve the right to propose changes to Senate Rule XXII and do not acquiesce to carrying over all the rules from the last Congress."

In other words, if Democrats don't play ball, Frist reserves the right to invoke the "nuclear option": a parliamentary ruling that eliminates judicial filibusters by fiat, without a vote of the Senate.

But the majority leader protests too much. Not only have filibusters been attempted against judicial nominees in the past, but Frist himself has even voted for one. In 2000, after Senate conservatives had held up Bill Clinton's nomination of Richard Paez to the U.S. Court of Appeals for the 9th Circuit for four years, Frist joined in an unsuccessful attempt to filibuster Paez -- a judge who was favored by a clear majority of the Senate and who won confirmation after the filibuster was broken by a vote of 59 to 39.

Still, Frist has a point. Senate Democrats have relied on filibusters to block judicial nominees far more often than have minority parties in previous

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: backbone; fillibuster; frist; gonads; moxy; nuclearoption; senate; spine

1 posted on 01/31/2005 3:41:25 PM PST by RWR8189
[ Post Reply | Private Reply | View Replies]

To: RWR8189

FOR GOODNESS SAKE FRIST, JUST DO IT!! Use the nuclear option.. let's roll for Crissakes.


2 posted on 01/31/2005 3:43:05 PM PST by JesseJane (KERRY: I have had conversations with leaders, yes, recently.That's not your business, it's mine.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

Filibusters as a primary tactic to stop the functioning of the government are unprecedented, period. What the Democrats are doing is called sedition, and this is highly punishable - especially in wartime - if only someone had the guts to punish it.


3 posted on 01/31/2005 3:43:53 PM PST by thoughtomator (How do you say Berkeley California in Aramaic?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

DO IT


4 posted on 01/31/2005 3:45:05 PM PST by The Wizard (DemonRATS: enemies of America)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

It would be wrong to invoke the nuclear option without first making the obstructionists stage a real-live filibuster. Backing down to the threat of a filibuster is silly.


5 posted on 01/31/2005 3:47:54 PM PST by SmithL (Whiskey Tango Foxtrot?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189
The "ZOT of DEATH" for democRAT "fiddle-busters" are the words:

Do you or do you not, Mr (Mz) Senator, believe in the constitution, as you swore to uphold it when you took office ?"

Sir? ....Hello ?? Ma'am? .... We're waiting for an answer....

6 posted on 01/31/2005 3:48:54 PM PST by xcamel (Deep Red, stuck in a "bleu" state.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JesseJane

The only thing we have to fear, is fear itself.


7 posted on 01/31/2005 3:56:45 PM PST by neodanite
[ Post Reply | Private Reply | To 2 | View Replies]

To: neodanite

Eggggggggggggggg Zacaly!!


8 posted on 01/31/2005 4:00:01 PM PST by JesseJane (KERRY: I have had conversations with leaders, yes, recently.That's not your business, it's mine.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: RWR8189
Dear Senator Frist,

Please go ahead and institute this rule. It would be an act of kindness to the put the Dums out of their misery.

Thank You

9 posted on 01/31/2005 4:00:45 PM PST by marty60
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #10 Removed by Moderator

To: FrPR

FrPR,

Perhaps you can enlighten me to those you name and why?? Just trying to learn something new... :)


11 posted on 01/31/2005 4:09:31 PM PST by JesseJane (KERRY: I have had conversations with leaders, yes, recently.That's not your business, it's mine.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: RWR8189
Senator Frist....do it now!!!
12 posted on 01/31/2005 4:11:54 PM PST by pointsal
[ Post Reply | Private Reply | To 1 | View Replies]

To: thoughtomator

I think that the Alien and Sedition acts expired in March. March of 1800 that is, when Jefferson was inaugurated.


13 posted on 01/31/2005 4:31:18 PM PST by AntiBurr ("Those who cannot remember the past are destined to repeat it" Santayana)
[ Post Reply | Private Reply | To 3 | View Replies]

To: RWR8189

"Calling the filibusters an "unfortunate break with more than 200 years of Senate tradition," "

The list is long - as to the number of 'firsts' that democrats have pulled over the past 12+ years.

They leave 'decorum' to the republicans while they bulldog their agenda through time and time again.

Establish an offense - just do it!


14 posted on 01/31/2005 4:36:45 PM PST by BluSky (Liberals - working hard to bring despair to your world, one day at a time.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

Geez, like he talking to a bunch of kids. "I'll count to three and then..."

He's been threatening "Nuclear Option" for 3 years. Either use it or lose it, Frist.


15 posted on 01/31/2005 4:41:38 PM PST by hattend (Liberals! Beware the Perfect Rovian Storm [All Hail, Chimpus Khan!])
[ Post Reply | Private Reply | To 1 | View Replies]

To: JesseJane
The dems would use the nuclear option if put in the same place and the media would back them all the way. Memo to Senator Frist - Just Do It.


Just Do It

16 posted on 01/31/2005 4:41:55 PM PST by double_down
[ Post Reply | Private Reply | To 2 | View Replies]

To: double_down

Double Down..

May I say this without getting this post pulled????

Scaaaaaaarooooooooo the meeeee-dia.. :)


LOVE the CHECK!! Just DO IT!


17 posted on 01/31/2005 4:49:14 PM PST by JesseJane (KERRY: I have had conversations with leaders, yes, recently.That's not your business, it's mine.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: RWR8189

Hopefully there will be some nominees that Sen. Frist can bring to the floor to find out how the democrats are going to react this session....

Tomorrow after morning business the nomination of Alberto Gonzales will be brought to the floor to begin debate on his confirmation to be Attorney General... It will be interesting to see how many hours they will agree upon for debate.


18 posted on 01/31/2005 4:53:23 PM PST by deport (It may be that your sole purpose in life is simply to serve as a warning to others.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: deport

You know......if I see one more powdered wig foxtrot on the floor of the Senate I'm going to puke. We don't have 4 years to get things done; we have little more than 2. Let's rumble.


19 posted on 01/31/2005 4:55:53 PM PST by JesseJane (KERRY: I have had conversations with leaders, yes, recently.That's not your business, it's mine.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: deport

Filibusters should be totally eliminated. Whoever came up with this moronic concept that somehow the minority should be able to tie the majority in knots whenever they so please should be vilified. The senate is truly a tyranny of the minority.


20 posted on 01/31/2005 4:56:08 PM PST by appeal2
[ Post Reply | Private Reply | To 18 | View Replies]

To: hattend

Frist is in a much better position with 55 members in his caucus than he was with 51, so I'll give him the benefit of the doubt as this session gets under way.


21 posted on 01/31/2005 4:59:56 PM PST by RWR8189 (Its Morning in America Again!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: appeal2

The senate is truly a tyranny of the minority.



It can be as it's the deliberative body and not much ever gets accomplished without unamious consent of the members. Thus one or a few can hold things up in many different ways...


22 posted on 01/31/2005 5:01:05 PM PST by deport (It may be that your sole purpose in life is simply to serve as a warning to others.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: RWR8189

With all due respect to the Honorable Senator Frist: Fight them or run away with your tail tucked between your legs like the other gutless Republicans.


23 posted on 01/31/2005 5:01:08 PM PST by Enterprise ("Dance with the Devil by the Pale Moonlight" - Islam compels you!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: deport
unamious = unanimous
24 posted on 01/31/2005 5:04:00 PM PST by deport (It may be that your sole purpose in life is simply to serve as a warning to others.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: RWR8189

Make it so.

If they do not, then we are so over.


25 posted on 01/31/2005 5:05:51 PM PST by Radix (Oh look, Mrs McNabb, Mrs McNabb! The Patriots are coming to the Super Bowl.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

Talk is cheap. Yhe dems know he won't use it. This is like parents who constantly threaten their children and still have the brattiest kids in the neighborhood because the kids have yet to see one threat implemented.


26 posted on 01/31/2005 5:07:12 PM PST by freeangel ( (free speech is only good until someone else doesn't like what you say))
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

They have to ACT like a majority, but it may require a trip to the add-a-nut-to-me factory.


27 posted on 01/31/2005 5:13:10 PM PST by JesseJane (KERRY: I have had conversations with leaders, yes, recently.That's not your business, it's mine.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: freeangel

Word up is the 'rats have never actually filibustered, only threatened to do so.
Let's make them start talkin' nonstop.
They will only lose more ground with thinking Americans.


28 posted on 01/31/2005 5:15:13 PM PST by Kenny500c
[ Post Reply | Private Reply | To 26 | View Replies]

To: RWR8189
As near as I can tell some 39 REPUBLICANS voted for PAEZ in 2000. Other republicans voted against.

While procedural games were played to keep Paez' nomination in limbo for over 2 years, it's questionable if this could properly be called a filibuster.

I cannot tell if any cloture votes on his nomination were ever taken and lost by the Democrats until the year 2000. If so, then it should be called a filibuster.

There was the one 2000 cloture vote taken and the possible filibusterers lost it, so a filibuster was never begun because it never got off the ground.

All of the Republican senators would have known that the cluture would be upheld, so Frist's vote against cloture could have been taken for philosophical rather that filibusteral (:>) reasons.

29 posted on 01/31/2005 5:36:26 PM PST by xzins (Retired Army Chaplain and Proud of It!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

I have yet to see a real fillibuster on this. I guess our republican senators are afraid of having to stay awake for 24-48 hours straight.

I'm sure soldiers are having to do so somewhere right now
under a whole lot worse circumstances.


30 posted on 01/31/2005 5:42:25 PM PST by Rakkasan1 (john f'n kerry-the original 'million dollar baby'.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: RWR8189; Congressman Billybob
Frist reserves the right to invoke the "nuclear option": a parliamentary ruling that eliminates judicial filibusters by fiat, without a vote of the Senate.

Congressman BillyBob prefer to call it "the constitutional option" , ..not "nuclear option", it does make better sense... plus "Constitutional Option" really pisses the 'RATS/Liberal Constitutional Lawyers off and they can't *itch much.

31 posted on 01/31/2005 5:54:30 PM PST by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :^)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

Is there any chance that the 'Rats will back down on these filibusters? After all, look what it got Tom Daschle.


32 posted on 01/31/2005 5:56:58 PM PST by Clintonfatigued
[ Post Reply | Private Reply | To 1 | View Replies]

To: AntiBurr

Sedition is still a crime in the US code.


33 posted on 01/31/2005 6:01:34 PM PST by thoughtomator (How do you say Berkeley California in Aramaic?)
[ Post Reply | Private Reply | To 13 | View Replies]

To: hattend; RWR8189

<< Geez, [It's] like he's talking to a bunch of kids. >>

It's worse than that.

He is [But a big kid, himself -- and is] talking to a bunch of kids.

We need term limits and the consequential restoration of our beloved FRaternal Reuplic.


34 posted on 02/01/2005 2:34:15 AM PST by Brian Allen (I fly and can therefore be envious of no man -- Per Adua Ad Astra!)
[ Post Reply | Private Reply | To 15 | View Replies]

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson