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Frist could lose out if senators achieve a compromise over judicial filibusters
AP ^ | 5/19/5

Posted on 05/19/2005 10:29:56 AM PDT by SmithL

Senate Majority Leader Bill Frist of Tennessee has dug in his heels on winning confirmation of President Bush's most controversial judicial nominees.

But beyond his grasp, a group of Democrats and Republicans has been working on a compromise that would allow votes on some nominees and avert a debilitating confrontation.

Such a bipartisan deal could undercut Frist's political standing in his remaining months as Senate leader. He's indicated he won't seek another term next year.

Vanderbilt University professor Bruce Oppenheimer sees Frist's stance as unusual.

Oppenheimer says majority leaders tend to leave themselves room to maneuver, but says Frist has "put his feet in cement."

Government professor John Pitney Junior at Claremont McKenna College in California says if Frist gets rolled on this issue, he's going to look "a lot less like a gladiator and more like Barney Fife."

Despite the forces aligned against him, Frist has emerged a survivor before.

Tennessee Republican fundraiser Ted Welch of Nashville says Frist is used to doing the impossible.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; News/Current Events; Politics/Elections
KEYWORDS: 109th; dontbackdown; filibuster; filibusterquotes; frist; nukenow; payin2006; upordownforall; ussenate; votedammit

Senate Majority Leader Bill Frist, left, introduces two of President Bush's filibustered judicial nominees at a news conference on Capitol Hill on Tuesday, May 17, 2005. Beside him, from left, are Judge Janice Rogers Brown of California, Judge Priscilla Owen and Texas and Sen. Mitch McConnell, R-Ky.
1 posted on 05/19/2005 10:29:57 AM PDT by SmithL
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To: SmithL

Could? No could about it.


2 posted on 05/19/2005 10:30:55 AM PDT by rhombus
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To: SmithL

Sen. Joseph Biden (D-Delaware) March 19, 1997: “But I also respectfully suggest that everyone who is nominated is entitled to have a shot, to have a hearing and to have a shot to be heard on the floor and have a vote on the floor.”

Sen. Richard Durbin (D-Illinois)September 28, 1998: “We should meet our responsibility. I think that responsibility requires us to act in a timely fashion on nominees sent before us. ... Vote the person up or down.”

Sen. Dianne Feinstein (D-California) September 11, 1997: “Let’s bring their nominations up, debate them if necessary, and vote them up or down.”

Sen. Edward Kennedy (D-Massachusetts)February 3, 1998: “We owe it to Americans across the country to give these nominees a vote. If our Republican colleagues don’t like them, vote against them. But give them a vote.”

Sen. Patrick Leahy (D-Vermont) May 10, 2000: “The Founding Fathers certainly intended that the Senate advise as to judicial nominations, i.e., consider, debate, and vote up or down. They surely did not intend that the Senate, for partisan or factional reasons, would remain silent and simply refuse to give any advice or consider and vote at all.”

Sen. Barbara Boxer (D-CA) 5/14/97 : “It is not the role of the Senate to obstruct the process and prevent numbers of highly qualified nominees from even being given the opportunity for a vote on the Senate floor.”

Sen. Tom Daschle (D-SD): “I find it simply baffling that a Senator would vote against even voting on a judicial nomination.” (Congressional Record, 10/5/99)

Sen. Joseph Biden (D-Delaware) March 19, 1997: “But I also respectfully suggest that everyone who is nominated is entitled to have a shot, to have a hearing and to have a shot to be heard on the floor and have a vote on the floor.”

Sen. Tom Daschle (D-SD): “Hispanic or non-Hispanic, African American or non-African American, woman or man, it is wrong not to have a vote on the Senate floor.” (Congressional Record, 10/28/99)

Sen. Byron Dorgan (D-ND): “My expectation is that we’re not going to hold up judicial nominations. …You will not see us do what was done to us in recent years in the Senate with judicial nominations.” (Fox News’ “Special Report With Brit Hume,” 6/4/01)

Richard Durbin (D-IL) "If, after 150 days languishing on the Executive Calendar that name has not been called for a vote, it should be. Vote the person up or down." (Cong. Rec., 9/28/98, S11021)

Sen. Dianne Feinstein (D-CA): “Let’s bring their nominations up, debate them if necessary, and vote them up or down.” (Congressional Record, 9/11/97)

Sen. Dianne Feinstein (D-CA): “It is our job to confirm these judges. If we don’t like them, we can vote against them.” (Congressional Record, 9/16/99)

Sen. Dianne Feinstein (D-CA): “Our institutional integrity requires an up-or-down vote.” (Congressional Record, 10/4/99)

Sen. Tom Harkin (D-IA): “[The filibuster process] is used … as blackmail for one Senator to get his or her way on something that they could not rightfully win through the normal processes.” (Congressional Record, 1/4/95)

Tom Harkin (D-IA) "Have the guts to come out and vote up or down….And once and for all, put behind us this filibuster procedure on nominations." (Cong. Rec., 6/22/95, S8861)

Sen. Tom Harkin (D-IA): “I urge the Republican leadership to take the steps necessary to allow the full Senate to vote up or down on these important nominations.” (Congressional Record, 9/11/00)

Sen. Ted Kennedy (D-MA): “We owe it to Americans across the country to give these nominees a vote. If our Republican colleagues don’t like them, vote against them. But give them a vote.” (Congressional Record, 2/3/98)

Sen. Ted Kennedy (D-MA): “It is true that some Senators have voiced concerns about these nominations. But that should not prevent a roll call vote which gives every Senator the opportunity to vote ‘yes’ or ‘no.’ ... Parties with cases, waiting to be heard by the federal courts deserve a decision by the Senate.” (Congressional Record, 9/21/99)

Sen. Herb Kohl (D-WI): “These nominees, who have to put their lives on hold waiting for us to act, deserve an ‘up or down’ vote.” (Congressional Record, 9/21/99)

Sen. Patrick Leahy (D-VT): “I hope we … will accept our responsibility and vote people up or vote them down. … If we want to vote against them, vote against them.” (Congressional Record, 10/22/97)

Sen. Patrick Leahy (D-VT): “Now, every Senator can vote against any nominee. … But it is the responsibility of the U.S. Senate to at least bring them to a vote.” (Congressional Record, 10/22/97)

Sen. Patrick Leahy (D-VT): “ "I have stated over and over again … that I would object and fight against any filibuster on a judge, whether it is somebody I opposed or supported …” (Congressional Record, 6/18/98)

Sen. Patrick Leahy (D-VT): “Earlier this year … I noted how improper it would be to filibuster a judicial nomination.” (Congressional Record, 10/14/98)

Sen. Patrick Leahy (D-VT): “If the person is otherwise qualified, he or she gets the vote. … Vote them up, vote them down.” (Congressional Record, 9/21/99)

Sen. Harry Reid (D-NV): “We should have up-or-down votes in the committee and on the floor.” (CNN’s “Evans, Novak, Hunt & Shields,” 6/9/01)

Sen. Chuck Schumer (D-NY): “We are charged with voting on the nominees. The Constitution does not say if the Congress is controlled by a different party than the President there shall be no judges chosen.” (Congressional Record, 3/7/00)

Carl Levin (D-MI) "If a bipartisan majority of the U.S. Senate is prepared to vote to confirm the President's appointment, that vote should occur." (Cong. Rec., 6/21/95, S8806)


3 posted on 05/19/2005 10:32:10 AM PDT by Peach
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To: Peach

I didn't gather the quotes; other Freepers did the research.


4 posted on 05/19/2005 10:32:35 AM PDT by Peach
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To: rhombus

A really balanced article, eh?..BTEW..when Frist pulls it of..he's gonna look very good to the base. All the complaining about "why has it taken so long" will disappear..


5 posted on 05/19/2005 10:32:59 AM PDT by ken5050 (Ann Coulter needs to have children ASAP to pass on her gene pool....any volunteers?)
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To: SmithL

If they make this deal, it would be no different than making a deal with the DEVIL.

Like the devil, the democrats are very slick, manipulative, sneaky and deceitful liars.

I certainly the Republicans don't allow the democrats to fool them.


6 posted on 05/19/2005 10:33:10 AM PDT by BMC1
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To: SmithL
Government professor John Pitney Junior at Claremont McKenna College in California says if Frist gets rolled on this issue, he's going to look "a lot less like a gladiator and more like Barney Fife."

geee..wonder who Mr. Junior contributes to...

7 posted on 05/19/2005 10:33:12 AM PDT by WoodstockCat (W2 !!! Four more Years!!)
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To: SmithL
" ...dug in his heels on winning confirmation of President Bush's most controversial judicial nominees."

BS!! -- Frist has dug in his heels on ensuring these nominees get and up or down vote.
8 posted on 05/19/2005 10:34:09 AM PDT by Patti_ORiley
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To: SmithL

Wrong.

If McCain and his cadre of leftist RINOs achieves a
"compromise", Frist doesn't loose out. WE DO.

So does the Constitution, and the entire premise of the Republican argument against the use of filibusters to block Presidential appointments.


9 posted on 05/19/2005 10:34:41 AM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: rhombus

Frist could lose out, WRONG!!!! Nice try AP. And now, we interrupt this regularly scheduled MSM spin for a dose of reality. Win lose or draw, Frist wins. By virtue of finally trying end the filibuster of Judges, Frist has scored HUGE points with his base. Moreover, Frist will have eliminated potentional opposition (any Republican Senator who compromises) for getting the Republican nomination.


10 posted on 05/19/2005 10:35:29 AM PDT by FlipWilson
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To: WoodstockCat

Pitney is a conservative Republican.


11 posted on 05/19/2005 10:36:02 AM PDT by watsonfellow
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To: Peach
I didn't gather the quotes; other Freepers did the research.

Great work anyway Peach.

12 posted on 05/19/2005 10:36:05 AM PDT by evad (No action to secure borders, No action on judges... NO MONEY!)
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To: SmithL

I'm taking notes. I expect our guys to be completely unreasonable when they are in the minority, and then I expect the media to back them up, and call on the majority to "be resonable" by at least allowing the minority to rule haif the time.


13 posted on 05/19/2005 10:36:37 AM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: SmithL

This is a bellwether issue. If Frist fails and the Republicans fold - that's it. They're finished. F'em. They will have proved that they are absolutely worthless in implementing the agenda that has been absolutely clear, and that we fought like bloody hell to put'em in power to effect.


14 posted on 05/19/2005 10:36:49 AM PDT by guitfiddlist (When the 'Rats break out switchblades, it's no time to invoke Robert's Rules.)
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To: SmithL

"If" says a lot about the way AP would love for this to go.


15 posted on 05/19/2005 10:36:49 AM PDT by conservativecorner
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To: FlipWilson

The only way Frist can lose is if he compromises and backs down.


16 posted on 05/19/2005 10:36:56 AM PDT by rhombus
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To: SmithL

The first sentence of the article is a lie. Frist is insisting on a vote, not approval.


17 posted on 05/19/2005 10:38:22 AM PDT by clintonh8r (So....Is means testing now a conservative value? Apparently 40% of FReepers think it is.)
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To: kjenerette

..for class.


18 posted on 05/19/2005 10:40:29 AM PDT by Van Jenerette (Our Republic...if we can keep it!)
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To: SmithL

The AP's concern for Bill Frist is touching. Heck, tears are coming to my eyes right now.


19 posted on 05/19/2005 10:42:15 AM PDT by hellinahandcart
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To: Peach

It would be nice if these quotes could be put in a full page ad in every major newspaper in the country.


20 posted on 05/19/2005 10:42:28 AM PDT by nosofar
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To: SmithL
It's a win-win for Frist and a lose-lose for InSane!! Do any of those polls showing InSane's strength separate Republican Primary voters???

Pray for W and Our Troops

21 posted on 05/19/2005 10:43:00 AM PDT by bray (Pray for Iraq's Freedom from Mohammad)
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To: ken5050
No it won't, he is a rich pol, who is stealing tax money from you.

What this country needs is a Robin Hood, stealing from the government and giving back to tax payer.

22 posted on 05/19/2005 10:43:54 AM PDT by dts32041 (Robin Hood, stealing from the government and giving back to tax payer. Where is he today?)
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To: nosofar

E-mail that list to your editor of your local paper and ask them to write an article about it.

And write a letter to the editor using them.


23 posted on 05/19/2005 10:45:04 AM PDT by Peach
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To: SmithL

I hope there is no compromise. A compromise with the Democrats is a loss for Rebublicans.

If they compromise, I will never vote Rebublican again. What the hell happens to these senators testicles when they go to Washington? Do they have to check them at the Senate cloakroom?


24 posted on 05/19/2005 10:48:55 AM PDT by ArmedNReady (Islam, the Cancer on Humanity.)
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To: Peach

The GOP needs to take all those quotes and take out a full page adds in news papers. They should also take out some tv adds and scroll the quotes with someone talking about the democrats double talk. Adds are the only thing that will work since the american public is asleep and the mainstream press won't report the truth.


25 posted on 05/19/2005 10:50:40 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead

You're right; that's exactly what the RNC should do.

I think they need to hire a few freepers to run their PR office. LOL


26 posted on 05/19/2005 10:51:28 AM PDT by Peach
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To: Peach
Everyone deserves a vote, Ahemmm, that is every demorat deserves a vote.
27 posted on 05/19/2005 10:56:17 AM PDT by keysguy (Time to get rid of the UN and the ACLU)
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To: watsonfellow

DDDDDoooooh!!!


28 posted on 05/19/2005 10:57:31 AM PDT by WoodstockCat (W2 !!! Four more Years!!)
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To: rhombus
Rino alert, Rino alert, they could screw the whole thing up if they go soft.
29 posted on 05/19/2005 10:57:37 AM PDT by keysguy (Time to get rid of the UN and the ACLU)
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To: nosofar

The Washington Times would probably carry it as a paid advertisement, absent that, maybe a few others.


30 posted on 05/19/2005 10:58:39 AM PDT by keysguy (Time to get rid of the UN and the ACLU)
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To: Peach

Or hire a few people to lurk here.;)


31 posted on 05/19/2005 11:03:44 AM PDT by pepperhead (Kennedy's float, Mary Jo's don't!)
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To: pepperhead
Funny, why doesn't the article state what might become of the Dems if they fail in their obstruction?


32 posted on 05/19/2005 11:12:26 AM PDT by Bassfire (freepin with a smile)
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To: SmithL

Ridiculous.

If a deal is worked out, then it is worked out BECAUSE Frist went forward.

Isn't that obvious?

All carrot and no stick, does not get the mule to move.


33 posted on 05/19/2005 11:34:41 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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Comment #34 Removed by Moderator

To: Bassfire
What a ghastly looking gang of rats.Calling the Orkin man.
35 posted on 05/19/2005 11:50:27 AM PDT by keysguy (Time to get rid of the UN and the ACLU)
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To: Peach
I didn't gather the quotes; other Freepers did the research.

Doesn't make any difference!! Liberals are so use to lying they will lie when the truth sounds better!!!!!
36 posted on 05/19/2005 12:12:51 PM PDT by jec41 (Screaming Eagle)
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To: Bassfire

I didn't see McCain in the picture. Was he hiding in the back or holed up in a dark Senate office trying to make a deal and being out smarted by some dumb liberals?


37 posted on 05/19/2005 12:20:54 PM PDT by jec41 (Screaming Eagle)
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To: SmithL

Ha! I'll tell you who will lose, RINO's that sabotage this will lose. Nice try of the MSM to cover for the cowards but I warn them it will not be FRIST I set my eye on. These cowards masquerading as Republicans WILL PAY if they betray us.


38 posted on 05/19/2005 12:36:08 PM PDT by Soul Seeker
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To: Peach

Awesome research!


39 posted on 05/19/2005 12:56:18 PM PDT by thisiskubrick (may the running liberal pig-dogs be turned into bbq toasties in the sea of fire)
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To: Peach

Thank you for the quotes, and for giving credit where it was due!!

I never thought Frist would go through with taking such a stand, and now that he's done so, it's pathetic how his party is not standing in solidarity with him.

Now I know why FReepers are so adamant about calling many "Republicans" RINOs. They seem to fold like a cheap camera (an expression from Curtis Sliwa).


40 posted on 05/19/2005 2:47:17 PM PDT by Joann37
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To: clintonh8r
Is that really true?

What do you think would happen if Frist gets an up or down vote and four of the judges are not confirmed?

The MSM and the a large number of the posters here would go nuts talking about how Frist blew it and how the "RINO"s (anyone who doesn't vote the way the poster wants) sold them out.
41 posted on 05/19/2005 3:06:11 PM PDT by Purple GOPer (Ad Astra! Sell advertising to fund the space program!)
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To: Purple GOPer

Since there's NO opportunity for approval without a vote, what would you suggest?


42 posted on 05/19/2005 3:44:17 PM PDT by clintonh8r (So....Is means testing now a conservative value? Apparently 40% of FReepers think it is.)
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To: rhombus
Could? No could about it.

Absolutely. If First does, in fact, harbor fantasies of a political future past November 2006, this is a life or death situation. Fail to go to the wall now and he is a fast receding footnote in the obscurities of history.

43 posted on 05/19/2005 4:29:04 PM PDT by hinckley buzzard
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To: hinckley buzzard
f First does, in fact, harbor fantasies of a political future past November 2006, this is a life or death situation. Fail to go to the wall now and he is a fast receding footnote in the obscurities of history.

I'm also enjoying putting McInsane in a box. If he votes wtith the Dems on this does he really expect to win ANY Republican primaries? Maybe he'll pull a Jumping Jim but if he were stupid enough to do that his celebrity status as a "maverick" would run for about a week and then he'd be about as useful to the Democrats as Jeffords is now.

44 posted on 05/20/2005 5:50:01 AM PDT by rhombus
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To: rhombus

But he won't be the one compromising. The "moderate" Senators would force the compromise on the Senate by voting for cloture. Thus, use of the nuclear option would never come up. Moreover, the moderates would vote together on the nominations to be scrapped so that that nominee did not enjoy majority support. As a consequence, invoking the constitutional option would be useless, again, not Frist's fault. Either way, he wins.


45 posted on 05/20/2005 7:31:53 AM PDT by FlipWilson
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