Skip to comments.7 GOP Senators Key in Filibuster Fight
Posted on 05/14/2005 1:57:34 PM PDT by FairOpinion
WASHINGTON - Seven Republican senators will determine the outcome of a showdown this week between the president and Congress and a minority within it over who is going to shape the federal courts.
Barring any unforeseen developments, these are the lawmakers in the make-or-break position when it comes to deciding whether to allow a Senate minority to block a president's nominees for the federal bench.
The senators are Susan Collins of Maine, Chuck Hagel of Nebraska, Arlen Specter of Pennsylvania, John Warner of Virginia, Mike DeWine of Ohio, Lisa Murkowski of Alaska and John Sununu of New Hampshire.
At issue is an effort by Senate Majority Leader Bill Frist to ban judicial filibusters. The Senate's Democratic leader, Harry Reid of Nevada, wants the ability to block nominees for the Supreme Court and lower courts whom his party views as outside the legal mainstream.
The seven Republicans have not committed publicly to supporting either Senate leader.
All 44 Senate Democrats, joined by independent Sen. Jim Jeffords of Vermont and three Republicans, have said they oppose curtailing a Senate minority's ability to block the president's judicial nominees with just 41 votes in the 100-member Senate.
Frist, R-Tenn., has 45 of the Senate's 55 Republicans on his side.
During President Bush's first term, Democrats succeeding in blocking 10 of his judicial picks. Both Bush and First are making the case now that it should take only a simple majority 51 votes, rather than 60 now for a nominee to win confirmation for a lifetime appointment to a federal appeals court or the Supreme Court.
For Democrats to prevail, they need the support of three of the seven undecided Republicans. Frist needs five votes from five of those Republicans so Vice President Dick Cheney could have the chance to break a tie in favor of Bush's position.
Frist said Friday he will bring up the first of the blocked nominees Texas judge Priscilla Owen and California judge Janice Rogers Brown this week.
Some of the seven Republicans, including Collins, have made up their mind but are not saying how they will vote. Warner and others say they have yet to decide and hope they will not have to.
"I'm always working on the issue," Warner said last week. "I'm hopeful the leaders can reach a compromise. I'm optimistic we can reach a compromise."
So far, only Republican Sens. John McCain of Arizona and Lincoln Chafee of Rhode Island have broken party ranks, expressing concern about a change that could permanently reduce minority rights in the Senate. Vote counters in each party say Republican Olympia Snowe of Maine also is likely to side with Democrats.
Democrats insist there are other Republicans who support the Democratic position but do not want to say so publicly. Republicans note that all the other GOP senators who started out publicly uncommitted Thad Cochran of Mississippi, Ted Stevens of Alaska and Richard Lugar of Indiana, for example now side with Frist.
Warner is the last of the powerful GOP "old bulls" in the Senate not to say he will join with Frist. Warner has said repeatedly that he worries that ending the judicial filibuster will weaken the Senate.
"I tend to be a traditionalist, and the right of unlimited debate has been a hallmark of the Senate since its inception," Warner said. "Without question, though, I am strongly opposed to the use of the filibuster to block judicial nominations."
Liberals and conservatives are focusing on Warner and other undecided Republicans through telephone calls, Internet campaigns and television advertisements.
Conservative groups such as Progress for America and Focus on the Family have spent millions of dollars on ads since mid-April in Alaska and elsewhere trying to persuade undecided Republican senators to support Frist.
Murkowski said those efforts have backfired with her.
"I was very offended at the tone," Murkowski said. "But they've continued, and it's been kind of interesting. I've probably gotten more positive feedback for my position, which Alaskans consider to be very thoughtful, very deliberate, about what is happening here in the Senate."
The liberal group People for the American Way says Murkowski is "the last defense against an attack on our Constitutional checks and balances."
"Alaska counts on Senator Murkowski to do the right thing. Now, the whole country is counting on her," according to an ad that the group plans to run this week. The $1 million television campaign also will mention Snowe and Collins in Maine and Specter in Pennsylvania.
DeWine sees power in not having committed to either side.
"I've decided. I just haven't announced it yet because I think that it's a good chance that we can get it worked out," DeWine said. "I'm hopeful that by not announcing it, I can help keep these negotiations going."
One option for the undecided senators could mean joining with Sen. Ben Nelson (news, bio, voting record), D-Neb. He is trying to convince 12 Republicans and Democrats that they should block Frist from banning judicial filibusters and also stop Reid from filibustering all of Bush's contentious nominees.
In the end, Murkowski said, the question has to be about the Senate, not politics, the president or the party.
"We have to remember that our decision has to be in the best interest of the institution as a whole," Murkowski said. "Not in the best interest of the Republicans, not in the best interest of the Democrats, but in the best interest of we as senators and the institution itself. I think that's what we should keep in mind."
Those of you in the states of the critical, wobbly Republican Senators, may want to let your views known.
Seven Republican senators may hold the fate of President Bush's judicial nominees in their hands as the Senate nears a final showdown over whether Democrats can keep filibustering controversial White House court appointees. They are from top left, Sen. Lisa Murkowski, R-Alaska, Sen. Chuck Hagel, R-Neb., Rep. John Sununu, R-N.H., Sen. Arlen Specter, R-Pa.; from bottom left: Sen. John Warner, R-Va., Sen. Susan Collins, R-Maine, Sen. Mike DeWine, R-Ohio. (AP Photos/Files)
The arch traitor Warner has sold out the Republican party before.
"Frist, R-Tenn., has 45 of the Senate's 55 Republicans on his side. "
Frist needs to learn to reign in the rogue Republican Senators! 10 Republican Senators not being with the majority is a disgrace!
It seems these 7 haven't made up their minds yet, at least not officially, but there are 3 Republicans who will definitely vote with the Democrats. I don't know who those are.
"All 44 Senate Democrats, joined by independent Sen. Jim Jeffords of Vermont and three Republicans, have said they oppose curtailing a Senate minority's ability to block the president's judicial nominees with just 41 votes in the 100-member Senate."
"So far, only Republican Sens. John McCain of Arizona and Lincoln Chafee of Rhode Island have broken party ranks, expressing concern about a change that could permanently reduce minority rights in the Senate. Vote counters in each party say Republican Olympia Snowe of Maine also is likely to side with Democrats."
Oops, I found the three traitors, who are certain to vote with the Democrats.
What is the matter with these people?!
After last week's performance by Voinovich with Bolton's nomination, he should be included on the RINO list as well.
I'm surprised to see Sununu on this list.
Nice military base you've got there, Senator. Be a shame if something happened to it ...
AP cheerleading campaign for RINO defections begins...expect to see *many* more stories like this in the coming week...
Given that, Frist would not have issued his statement this week putting an immediate timeline on the "constitutional option." Unless Frist is a total dummy, he would not have thrown down the gauntlet unless he was SURE that he had the votes to make it work.
Several Republicans will, disgracefully, desert their party and their President at a critical time. But the "option" will succeed, by a vote of either 51-50, or 51-49. This is a done deal, but the AP doesn't have a clue.
The "RINO Wall of Shame".....they shall be known by the company they keep. NOT A PENNY TO THEM!
I wholeheartedly concur. Frist would NOT have been so decisive if he didn't already have the necessary votes.
Sometimes, when you call a senator's office they ask where you are located. If you name a state other than the one the particular senator represents, they will tell you that your opinion really doesn't matter.
Should that occur, take the time to note to the person that when a Senator strays and goes against the will of the majority, the money they spend from their state to his state to prevent his next reelection can be a factor.
I don't send money to the campaign committee of Senators in states where they historically vote my beliefs unless they are in special need of help (Thune). But I will spend even more to help vote out a particularly impudent piece of shit like john (I am a hero because I crashed a billion dollar airplane) mccain in a state I don't live in to rid us of that menace to freedom.
I can't believe I actually helped this bitch in her tv and radio ads. I would rather have a Democrat. At least he or she would stand by their party's principles.
I've been wondering if Hagel might be feeling some pressure at home after a Federal Judge tossed out Nebraska's amendment banning gay marriage.
I wouldn't think the people of Nebraska appreciated the Judge's decision very much.
Bush could not have made his vote more secure with the Portsmouth threat.
BINGO - Exactly what is happening - All seven of these GOP'ers are being offered all types of "love" piece type articles if they will switch and vote with the DEM's (by ALL in the MSM).
But notice how NONE of the DEM's are being tagged by the MSM to possible defect from the DEM position. (it is such a joke how bias the media are). We don't see any articles trying to persuade Democrat Ben Nelson from jumping.
Nevertheless, these 7 GOP'er better stand firm.
How come the Democrats have zero trouble mustering monolithic support from their caucus when the chips are down, and those very same moments are the times when the GOP caucus goes to pieces?
Fire all of them.
The last I heard she was undecided and after yesterdays base closing announcements, we heard that she was so mad that she..., well, just let it surfice to say she was not happy.
We lost NAS Brunswick, Naval Sub repair depot Porstmouth, the finace center at Loring and a couple of other things, not counting the loss of building the next generation Destroyers at bath.
He gave them a left handed middle finger.
Now weren't we told in 04 that we should support Specter because he is a Republican. Same goes for Collins and Murkowski. Alaska had a chance to elect a real conservative but they went with a RINO. And Sununu knocked off a real conservative and now we are questioning his loyalty. The Republican party is a total joke.
If you call Snowe or Collins, and happen to let on that you are either pro-Life, a Christian, or oppose homosexaul marriage, not only does yur opinion not count, you will not get mail, your email address will be blocked and your phone messages deleted automatically if you call directly in from yur home or office phone.
And that includes newspapers, our contact Elisha in Collins office refuses to return my calls or the calls of the publisher. But then again we refuse to publish their bull without thier first answering our questions or responding to our questions.
Its time for a Rove Nuclear option. All RNC funding stripped and suspended from their campaigns.
Because there is no level of scumbaggery that a Democrap will not support!
The worst thing that could happen at this point is for Frist to initiate this option and then not get 50 votes. Come to think of it, I would like the Democrats to start doing quorum calls all day. Under Senate rules, even if 51 is officially quorum, you have to have all 100 accounted for. Let him do quorum calls all day and shut down the govt. The less the Congress works, the better off conservatives are. Conservatives win one way or another. It is not an entirely bad idea.
Specter couldn't care less. He just pulled a number on Rove and Bush in 04. He came off smarter in this deal.
The AP may have a clue, afterall they have been reporting on politics for how many years, but they may be trying to do some Dem cheerleading.
good point, but remember, an independat repub = maverick, an independent Dem (like Nelson) = no national media time.
They are not going sto stop until we do something about it. Something like this:
From the article;
In 1802, the Jeffersonians, faced with courts deliberately packed by the Federalists, passed the Judiciary Act of 1802, which abolished over half of all the sitting federal circuit judges. The act didnt impeach them; it simply said their jobs didnt exist. They wouldnt be paid, so they shouldnt bother to show up. The judges were deeply offended. They promptly went to court, and the remaining federal judges essentially said, if we overrule the Congress, theyre going to abolish our jobs.
Zell Miller? Evan Baye?(sp?)
These cats live on RNC money. They are always raising it.
Hate to break it to you, but Zell Miller is happily retired in Georgia.
Bayh will not desert. Zell is retired. The Democratic Senator that will break ranks is Lieberman.
Alaskans almost kicked your butt to the curb because they didn't like daddy giving you the seat. President Bush is the reason you have that seat, which will only last 6 years if you have pretensions of being a Maverick. Perhaps, Ms. Murkowski, you might consider looking at the margin the president won by...and the margin you almost lost by to a Clintonite no less. That tells you exactly what most Alaskans think of you and this statement confirms it justified.
Scrap the list folks. Contact ALL Senators. Until that vote is taken you never know who will stab in the back.
Though as much as my blood heated reading these opportunistic cowards' statements, the article itself feels pre-packaged. Just because they are enjoying being unprincipled to get good coverage in the MSM doesn't means the votes aren't there.
There ought to be three Republicans in those states announcing a run for those seats. JUST a mere announcement(even if years away). Then the President should visit each of those states and merely have lunch with them and leave the state without even waving "HI" to the current RINOS. That might send a message.
If Frist brings the rule change to a vote, I fully expect there will be enough RINOS that vote with the Dems to kill the rule change. Those RINOS will also not tell Frist how they plan to vote so that it blindsides him and makes him look stupid and weak. The Dems play for keeps, it's time that the Republicans give these RINO's an offer they can't refuse. If it takes FBI files or videotape so be it.
The only way a Democrat breaks ranks on a deal breaker issue such as Judges, bolton, or S.S. is if they are ready to cut ties completely with the Party. Because the Party WILL cut ties with them. If any in the Dem Party ever considered it, it would be Leiberman or Nelson.
Leiberman wouldn't become a Rep, but he might go Independent. He IS a Liberal, but he could pull off the switch better than Jeffords ever did by being a crucial swing vote. Nelson would become a Republican to win re-election.
Lieberman won't break ranks with the Dems. They have his FBI file and know where all his campaign money comes from.
It all comes back to leadership. If the Majority leader cant rally his troops in the battle for their very existence, he is useless. Because that what the filibuster vote is about. If we compromise, the Dems win, and everyone will know the minority has beaten the majority again. I used to be one of thsoe people that said vote "R" no matter what. Spring of 2005 showed me how wrong that notion is. I didnt work my ass off to see Mcain and Hagel derail our efforts.
What can they offer these Senators?
Let them offer a deal in which there is a cooling off period after the first cloture failure by a nominee. If the president brings the nominee back a 2nd time AFTER a "cooling off" period of 6 months, then at that point cloture must require only a majority vote instead of a super-majority.
What it boils down to is this. Rather than give ANY nominee an up or down vote, only those nominees the president INSISTS upon after debate and reflection MUST receive an up or down vote.
Or the "half-filibuster option."
Murkowski: I don't know much about her.
Hagel: Usually talks like McCain but ends up voting for the conservative position.
Sununu: Had better support this as penance for his dad's role in getting Souter on the SCOTUS.
Specter: Should vote for this; I would imagine that he had to promise support for this in exchange for Bush's help in the primary or to be allowed to be the Judiciary Committee chair. Besides, if this fails, it will make his job far harder in the future.
Warner: He's a traitor to the Republican Party, and could decide to be a jerk once more.
Collins: Will she go with Snowe or Frist?
DeWine: Jealous of the media praise Voinovich has been getting.
Overall, I suspect that there will be 50 votes (though for publicity reasons 51 would be better). Most of the above seem like revatively weak Senators--they want to sound independent, but won't want to take the consequenses of actually destroying something important to the party (unlike McCain or Voinovich, who will threaten something and follow through, or Chafee or Snowe, who have already established themselves as moderates). I could certainly see Warner following through on his threat, and Collins often votes with Snowe, but other than that I would be surprized to see another Senator defect.
To all these Republican fence-sitting senators... wake up or Mr. Rove will put the hammer down - RNC money will dry up, plumb committee posts will go to others, and all that pork will be redirected to those that care about this country's future.
The one thing I would do would be to sit these wafflers in a room and make them read the wacky decisions by the 9th Circuit.
The only one I could see breaking ranks is Ben Nelson--of the three (Miller, Breaux, and he) who voted against the filibusters last year who is still in the Senate. Further, Bush appointed Mike Johanns, who was Nelson's strongest possible opponent, to the cabinet, possibly in exchange for a promise to support his nominees or switch to the party.
No new news. Old news points to her voting with the DEMs on this.
26 Apr 2005
Olympia Snowe (Maine): Most GOP sources expect Snowe to eventually vote against the anti-filibuster plan. For now, she remains publicly undecided but leaning heavily toward opposition. "I don't think it's going to be any surprise about what I intend to do on this vote," she told the New York Times last week. Says a Snowe aide: "I think it's clear where she is."
Susan Collins (Maine): Collins is more of a wild card than Snowe, but also skeptical of Frist's plan. In her chief statement on the judicial crisis, Collins said Democrats have used the filibuster "unfairly" against many of President Bush's circuit court nominees. At the same time, she felt the so-called nuclear option would be a "mistake" and urged Frist "not to proceed with a rule change that will further poison the partisan atmosphere in the Senate to the point that we will not be able to conduct business."
Undecided Republicans Are Big Unknown
By Charles Babington
Washington Post Staff Writer
Thursday, April 28, 2005; Page A04
Frist can lose only five Republicans, and three appear almost surely gone. Sens. Lincoln D. Chafee (R.I.), John McCain (Ariz.) and Olympia J. Snowe (Maine) have condemned the proposed rule change so sternly that party leaders assume they will side with Democrats. Many Republicans also expect to lose Sen. Susan Collins (Maine), although she remains publicly uncommitted. Collins "believes that the filibuster has been overused but would like to see the situation resolved through negotiation rather than a rule change," her office said yesterday.
If Collins, Chafee, McCain and Snowe oppose the change, then Frist could suffer only one more GOP defection. Speculation hangs most heavily on Sens. John W. Warner (Va.), Chuck Hagel (Neb.) and Arlen Specter (Pa.), all of whom say they are undecided.
It wouldn't be a good thing, but it hurts him (Frist) mostly, and the president as well. They'll be seen as weak. The Senate procedure stays status quo. I see the move as a "not much to lose" proposition, with a whole lotta upside.
Under Senate rules, even if 51 is officially quorum, you have to have all 100 accounted for.
I know they have to be accounted for, but quorum calls are only made when under 51 are on the floor.
QUORUM - ABSENT SENATORS MAY BE SENT FOR
- A quorum shall consist of a majority of the Senators duly chosen and sworn.
- No Senator shall absent himself from the service of the Senate without leave.
- If, at any time during the daily sessions of the Senate, a question shall be raised by any Senator as to the presence of a quorum, the Presiding Officer shall forthwith direct the Secretary to call the roll and shall announce the result, and these proceedings shall be without debate.
- Whenever upon such roll call it shall be ascertained that a quorum is not present, a majority of the Senators present may direct the Sergeant at Arms to request, and, when necessary, to compel the attendance of the absent Senators, which order shall be determined without debate; and pending its execution, and until a quorum shall be present, no debate nor motion, except to adjourn, or to recess pursuant to a previous order entered by unanimous consent, shall be in order.
barf alert! Hillary/McCain '08!
This much I can guarantee: if it comes down to Arlen's vote, he will vote against us. If Arlen determines for sure that hsi vote will not be decisive, he will make a big show of supporting the Party.
"Now weren't we told in 04 that we should support Specter because he is a Republican. Same goes for Collins and Murkowski. Alaska had a chance to elect a real conservative but they went with a RINO. And Sununu knocked off a real conservative and now we are questioning his loyalty. The Republican party is a total joke."
There's a bit wrong here.
First, it looks like Specter, Murkowski, and Sununu will all be supporting the nuclear option. (Though that still doesn't bring us over the finish line in the vote count).
Specter has done fine in his capacity as Judiciary Chair. He may stab the party in the back down the road -- but getting unconditional up-or-down votes for all nominees post-committee is imperative, and he seems to be (reluctantly) with us. Plus, he has made some good arguments on the Senate floor against Reid's insulting compromises, and has noted many of the Dems arguments refute each other.
Murkowski got to her stature due to her APPOINTMENT by her governor father. It's not as if she ran in an open primary, she was the incumbant (albeit unelected). I don't thing GOP party mechanics can be blamed.
Finally, the "real conservative" Sununu primaried in '02 supported Kerry for president in '04. I'd be curious to know if you were aware of that.
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.