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Schumer Signals 'Nuclear' War on Nominees
Human Events Online ^ | February 24, 2005 | Robert Bluey

Posted on 02/24/2005 1:45:37 PM PST by hinterlander

Senate Democrats are preparing to once again filibuster President Bush's judicial nominees despite efforts by Senate Judiciary Chairman Arlen Specter (R.-Pa.) to extend an olive branch in hopes of reconciling differences. Liberal Sen. Chuck Schumer (D.-N.Y.) dismissed Specter's gesture Thursday and all but declared war on the nominees Bush resubmitted to the Senate last week.

Hoping to avoid the so-called "nuclear" option that would change the Senate's filibuster rule, Specter said he would tackle the nomination of William Myers III to the 9th Circuit appeals court next Tuesday. Myers, by Specter's calculation, is only two votes shy of the 60 needed to avoid a filibuster. He would have 58 votes if all Republicans and three supportive Democrats--Senators Joe Biden (Del.), Ben Nelson (Neb.) and Ken Salazar (Colo.)--vote for his confirmation. Needing only two other Democrats, Specter suggested Schumer could be a possible convert.

"Senator Schumer has made the public comment that there ought to be balance on all of the circuits, and the 9th Circuit is a very liberal circuit," Specter told reporters. "I think William Myers would give some balance to the 9th Circuit, and that is going to be one of the arguments that I am going to make."

But only moments after Specter concluded his wide-ranging 40-minute press briefing in the Capitol, Schumer took center stage to declare his opposition to Myers--and the other six nominees whom Democrats filibustered in Bush's first term. "Unless there's new and dramatic information, we feel nothing has changed and they should continue to be blocked," Schumer said in response to a question from HUMAN EVENTS. "In fact, I said the President nominating them is sort of a poke in the eye."

Schumer said Myers's record was "off the deep end" when it came to the environment. The former Interior Department solicitor was filibustered last July primarily for his prior lobbying work on behalf of mining and grazing interests. "You know, we are talking to our senators, and I think it will be hard for them to pick up the other two [votes for Myers]. And Myers is an unusual case because a couple of people had committed to him before we knew that the president was renominating. I think he'd have the easiest chance of all of them, and I don't think he has the votes yet either."

Without the support of two additional Democrats, Myers almost certainly faces a filibuster, as is the case with the other nominees, whom Democrats consider more controversial. Even though Specter insists on moving Myers through the Judiciary Committee first, it is unclear if he will be the first nominee brought to the floor for a vote. Other Republicans have privately said they would prefer one of two female nominees: Texas Supreme Court Justice Priscilla Owen or California Supreme Court Justice Janice Rogers Brown, who is black. Senate Majority Leader Bill Frist (R.-Tenn.) has declined to reveal his intentions.

When Specter was confronted Thursday with the possibility that Frist could take a different course, the Judiciary chairman responded: "Whether the majority leader would want to bring somebody to the floor is obviously something only he could answer. But my sense is he is willing to give the committee a reasonable period of time to try to work it through. I do know Senator Frist wants to avoid the confrontation if he possibly can."

A month ago, Specter told HUMAN EVENTS he didn't see the need to hold hearings for all of the nominees Bush resubmitted to the Senate. He singled out only two--Defense Department counsel William Haynes and Brigham Young University counsel Thomas Griffith--who would likely need hearings. But since then, Specter has taken a more cautious approach, as evidenced by Myers, who now faces his second hearing next Tuesday.

"My preference would be not to have hearings, and there is good precedent not to have hearings," Specter said Thursday. "But when somebody comes to me on the other side and says, 'There's some issue I'd like to explore,' for example, [William] Haynes, deputy general counsel for the Department of Defense, on what has happened on the issues of torture, there's a reason we'll have a hearing. If I see daylight that a hearing might be productive, I'll have a hearing. So I'm going to take them one at a time."

Specter also used the occasion to outline his views on the so-called "nuclear" option, which would alter the Senate's filibuster rule to exclude judicial confirmations from the 60-vote supermajority needed for legislation. Specter called the Democrats' use of the filibuster on nominees "unprecedented," but he refused to commit to changing the rule.

"I have not made a judgment on it," Specter said. "As I've said before, I'd prefer not to come to that bridge, and I'm certainly not going to jump off that bridge until I come to it. I'm going to exercise every last ounce of my energy to solve this problem without the nuclear option. If we have the nuclear option, the Senate will be in turmoil and the Judiciary Committee will be hell."


TOPICS: Front Page News; Government
KEYWORDS: bench; brown; court; democrats; filibuster; janice; judges; judicialnominees; judiciary; justice; nominations; nominees; nuclear; owen; priscilla; republicans; rogers; schumer; specter; tothemattresses; ussenate
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1 posted on 02/24/2005 1:45:52 PM PST by hinterlander
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To: hinterlander

Why, why, why? A simple up or down vote is all that is asked!! Someone ought to sue the obstructionists in Congress for wasting tax-payer money by not earning their pay.


2 posted on 02/24/2005 1:50:43 PM PST by griswold3
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To: hinterlander

Specter's actions are on display. He has been in the pockets of the demoncRATS too long.


3 posted on 02/24/2005 1:52:09 PM PST by lilylangtree (Veni, Vidi, Vici)
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To: hinterlander
If we have the nuclear option, the Senate will be in turmoil"

Please go nuclear.

4 posted on 02/24/2005 1:53:13 PM PST by jsmith48 (www.isupatriot.com)
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To: lilylangtree

W shouldn't have trusted him. I don't.


5 posted on 02/24/2005 1:53:28 PM PST by Eric in the Ozarks
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To: hinterlander

It's funny, and scary, to think that Schumer used to be someone, before All About Eve Rodham Clinton stole his camera time.


6 posted on 02/24/2005 1:54:06 PM PST by Paul Atreides (Hillary, Nancy, and Barbara: Proof that there are strong men in the Democrat Party)
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To: lilylangtree

There should be a new law that any orgnaization or company that takes in government money cannot lobby politicians. Talk about conflict of interest.


7 posted on 02/24/2005 1:55:57 PM PST by John Lenin
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To: hinterlander
The 'Rats have already pushed the nuclear button with their filibuster of judicial nominees. Any subsequent actions by Republicans are simply within the envelope of the "flexible response" doctrine. There is nothing wrong with "going nuclear" when you have already been nuked. In fact, if you don't, you're merely signaling surrender. Changing rules that are being abused is certainly a reasonable option.
8 posted on 02/24/2005 1:58:42 PM PST by chimera
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To: griswold3

The only problem with your approach is that the ba$tards would get to use our tax dollars to defend themselves against us, and in the event of financial damages, would be able to use our tax dollars to pay us. We need a senate leader that does not have the spine of a chocolate eclair.


9 posted on 02/24/2005 1:59:44 PM PST by RushLake (Permission from the UN...we don't need no stinking permission slip from the UN.)
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To: hinterlander

NUKE EM'!!!!!


10 posted on 02/24/2005 1:59:57 PM PST by GreenHornet
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To: hinterlander
Hey Chuckie you putz:

BRING IT ON!!!!

11 posted on 02/24/2005 2:01:47 PM PST by Rummyfan
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To: Paul Atreides

The dems have nothing. It's absolutely nothing but a bluff. The louder they scream, the more obvious it is. If they had any real leverage, or if they thought the Pubs would hurt themselves by going nuclear, they wouldn't be screaming so loudly. Punch it through. Just do it. This is a paper tiger waiting to be slain. And when the dust settles, people will scratch their heads and wonder what everybody was so afraid of, and why it took so long. Just DO it!


12 posted on 02/24/2005 2:02:32 PM PST by Prince Caspian (Don't ask if it's risky... Ask if the reward is worth the risk)
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To: lilylangtree

I think the RICO statute should be applied here to the entire democratic party.


13 posted on 02/24/2005 2:03:06 PM PST by Repealthe17thAmendment (Is this field required?)
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To: hinterlander
I said the President nominating them is sort of a poke in the eye.

And about damn time too.

14 posted on 02/24/2005 2:04:10 PM PST by Uncle Fud
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To: hinterlander

Indeed while they are all equally meritorious and should be approved immediately, I do hope they bring the black female nominee to the floor first and go nuclear on that one.

After the RATs treatment of Dr. Rice, they will be hard pressed to bet their futures on obstructing this nominee.


15 posted on 02/24/2005 2:10:12 PM PST by rod1 (uired 4 more hours).)
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To: hinterlander

Introduce a bill to defund and disband committees. Same people talking about the same issues they are sworn to act on as the constitution calls for. Committee obstruction is just a vehicle for revenue enhancement for political warchests. Debate every bill in full session in the order they are introduced and as they are drafted.


16 posted on 02/24/2005 2:13:26 PM PST by blackdog (Lord of Woop Woop.)
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To: chimera

I agree.

Right now, the Dems are daring Frist to go nuclear.

If Frist backs off, the Dems know they still hold the cards in the Senate.

It's Frist's move now...and I hope he goes nuclear.


17 posted on 02/24/2005 2:16:05 PM PST by MplsSteve
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To: lilylangtree
"My preference would be not to have hearings, and there is good precedent not to have hearings," Specter said Thursday. "But when somebody comes to me on the other side and says, 'There's some issue I'd like to explore,' for example, [William] Haynes, deputy general counsel for the Department of Defense, on what has happened on the issues of torture, there's a reason we'll have a hearing. If I see daylight that a hearing might be productive, I'll have a hearing. So I'm going to take them one at a time."

Arlen Sphincter has no qualms about an aborted baby, but just let someone put panties on a terrorist's head....

18 posted on 02/24/2005 2:19:03 PM PST by Paul Atreides (Hillary, Nancy, and Barbara: Proof that there are strong men in the Democrat Party)
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To: hinterlander
NOMINATIONS OF RICHARD A. PAEZ AND MARSHA L. BERZON--(Senate - March 07, 2000)

Mr. SCHUMER.: I also plead with my colleagues to move judges with alacrity--vote them up or down. But this delay makes a mockery of the Constitution , makes a mockery of the fact that we are here working, and makes a mockery of the lives of very sincere people who have put themselves forward to be judges and then they hang out there in limbo.

19 posted on 02/24/2005 2:22:19 PM PST by doug from upland (Ray Charles --- a great musician and safer driver than Ted Kennedy)
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To: hinterlander

Senate Democrats are preparing to once again filibuster President Bush's judicial nominees

I am shocked, just plain shocked! NOT!


20 posted on 02/24/2005 2:40:15 PM PST by taxesareforever
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