Note on "The Nuclear Option"

pure vanity | 5/24/05

[pabianice]

In the throes of anguish over the last minute Senatorial Republican cave-in, many are missing an important point. Yes, the invertebrates have promised no constitutional option during this congress (i.e. until the fall of 2006) ... as long as the Dems have promised not to fillibuster judicial nominess except in "extraordinary circumstances."

Since it is a cinch that the Dems will simply again fillibuster all Bush nominees after the three named ones have been confirmed, they will have violated the deal. The question is when the Repubs will acknowledge this and vote to end judicial fillibusters.

[theDentist]

So I expect to hear back from you in October '08 or so....

[Bigun]

So I expect to hear back from you in October '08 or so....

I doubt that it will take anywhere near that long for this to play out and IF you are correct I will be the first to say so. Until then I will, as I have said, reserve judgment.

[Jmouse007]

I can not deny your accurate assessment of Mr. Fist. I guess, the next few days will tell if he is a man or a mouse. We shall see, but from the looks of it, McCain has stabbed him (and all of us, including the President) in the back and with this "deal" destroyed Mr. Frist's political aspirations by gelding him/making him appear impotent to control those within his party and effectivly turning the conservative base against him.

If Mr. Fist values his political future he will bring all of the presidents nominees to a floor vote, but I do not hold out much hope he has the guts to do so because up until now, he has not.

[Wil H]

Mc Cain is a corrupt little weasel. He is doing everything he can to undermine Bush and the Republican party. He associates with crooks and scoundrels if he thinks it will advance his agenda. He is with out morals and just about the most deceitful member of the Senate.

[Bigun]

I just copied the following directly form Senator Frist's website. Thought you might enjoy reading it.

May 24th, 2005

"Mr. President, though I am not a party to the memorandum of understanding signed last night by 14 of my colleagues, I have had the opportunity to further review the agreement in more detail. I believe the memorandum of understanding makes modest progress, but falls far short, of guaranteeing up or down votes on judicial nominees. It needs to be carefully monitored and executed in good faith.

Let me briefly share my thoughts on the understanding reached last night and my expectations going forward.

First, the memorandum of understanding begins to break the partisan obstruction of the past two years and guarantee fair up or down votes on several judicial nominees. Priscilla Owen, Janice Rogers Brown, and William Pryor all will receive the courtesy and fairness of up or down votes. I will continue to fight for other qualified nominees who have been waiting for votes and deserve the same courtesy and fairness.

Second, the agreement, if followed in good faith, will make filibusters of judicial nominees in the future, including Supreme Court nominees, almost impossible.

Third, let me be very clear: the Constitutional option remains on the table. I will not hesitate to use it if necessary. It has been and continues to be a last resort. My goal is restoring the principle of fair up or down votes on judicial nominees. However, if the minority again acts in bad faith – if they resume their campaign of routine judicial obstruction – I will ask all 100 senators to decide whether judicial nominees deserve fair up-or-down votes.

So let us begin today to execute this memorandum of understanding. This afternoon, I expect the Senate to confirm Priscilla Owen and by the end of the week to process Janice Rogers Brown and William Pryor. We will work with the Minority Leader, the Judiciary Committee and other Senators to move forward expeditiously on other nominees, including those from the Sixth Circuit and Tom Griffith.

This has been a very significant debate. By exposing the injustice of judicial obstruction in the last Congress, we have made progress on restoring a core Constitutional principle: all judicial nominees deserve fair up or down votes. I hope that progress continues."

[Bigun]

Opps! #25 was for you.

[theDentist]

if they resume their campaign of routine judicial obstruction – I will ask all 100 senators to decide whether judicial nominees deserve fair up-or-down votes.

... of which 7 sellout Republicans has already said they will oppose. So Frist, it's no longer viable. You blew it. Again. You dragged your feet and let a bunch of jackwads steal the carpet from beneath you, and now you are trying to portray yourself as a leader. But you aren't. You're gutless and afraid to pull the trigger when it needs doing.

[pankot]

The "extraordinary circumstance" clause provides the same kind of loophole that "endangering the mothers health or life". I think I've had it with the Repubs, maybe I'll go Libertarian. Every Repub Senator should be sent a LARGE size jar of Vaseline--they're going to need it.

[Bigun]

o Frist, it's no longer viable.

If you would stop letting your emotions run away with you for a moment you would realize that this is NOT true.

What happens if, after the current three nominees are confirmed, the Dim's filibuster another nominee and the RINO'S don't agree that he is an "extraordinary" case?

[theDentist]

Then Frist will start another 2-years of threatening to use "the nuclear option", of course.

[Bigun]

Then Frist will start another 2-years of threatening to use "the nuclear option", of course.

That remains to be seen but I must say that I hope you are wrong about it. If you prove correct however, I will join you in seeking his hide!

[deport]

From another thread........

To: Raycpa; All

Just arrived in my email from Bill Frist's office:

____________________________________________________

As promised, an update on the judicial nominee front ...

Last night, an arrangement was reached by fourteen of my colleagues. I was not a party to it, and here's why...

I do not agree with it because it does not get the job done of ensuring fair, up or down votes on all judicial nominees sent to the Senate by the President.

It is my firm belief that--on principle--all judicial nominees deserve an up or down vote on the floor of the United States Senate.

The new understanding, if followed in good faith, affirms my principle to some extent. It marks some break in the partisan obstruction of the past two years, and ensures that seven outstanding jurists-including Priscilla Owen, Janice Rogers Brown and William Pryor--will get the fair up or down votes they have long deserved.

But it does not grant fairness to all other jurists. It still allows mindless filibusters to be triggered at the whim of a minority more interested in obstruction than progress.

And that is a shame.

So make no mistake, the Constitutional Option remains on the table. If the minority again acts in bad faith--if they resume their campaign of mindless judicial obstruction--I will NOT hesitate to call it to a vote.

Not for a second.

For too long on judicial nominees, the filibuster was abused to facilitate partisanship, and subvert principle.

We have exposed the injustice of judicial obstruction in the last Congress, and advanced the core Constitutional principle that all judicial nominees deserve a fair up or down vote on the floor of the U.S. Senate.

So the Senate will begin to execute this arrangement, with a vote up or down on Priscilla Owen. Giving up their minority-party led obstructionism, the Senate invoked cloture on her today by a vote of 81-18. Priscilla Owen--after four years, two weeks and two days--will finally receive the fair, up or down vote she deserves.

And, mark my words, more judges like her will follow in the days ahead. I hope the minority will respect the will of the majority, and give judges the courtesy, the respect, of a fair, up or down vote.

Bill Frist

1,903 posted on 05/24/2005 3:57:44 PM CDT by EllaMinnow

---

[EllaMinnow]

Just arrived in my email from Bill Frist's office:

____________________________________________________

As promised, an update on the judicial nominee front ...

Last night, an arrangement was reached by fourteen of my colleagues. I was not a party to it, and here's why...

I do not agree with it because it does not get the job done of ensuring fair, up or down votes on all judicial nominees sent to the Senate by the President.

It is my firm belief that--on principle--all judicial nominees deserve an up or down vote on the floor of the United States Senate.

The new understanding, if followed in good faith, affirms my principle to some extent. It marks some break in the partisan obstruction of the past two years, and ensures that seven outstanding jurists-including Priscilla Owen, Janice Rogers Brown and William Pryor--will get the fair up or down votes they have long deserved.

But it does not grant fairness to all other jurists. It still allows mindless filibusters to be triggered at the whim of a minority more interested in obstruction than progress.

And that is a shame.

So make no mistake, the Constitutional Option remains on the table. If the minority again acts in bad faith--if they resume their campaign of mindless judicial obstruction--I will NOT hesitate to call it to a vote.

Not for a second.

For too long on judicial nominees, the filibuster was abused to facilitate partisanship, and subvert principle.

We have exposed the injustice of judicial obstruction in the last Congress, and advanced the core Constitutional principle that all judicial nominees deserve a fair up or down vote on the floor of the U.S. Senate.

So the Senate will begin to execute this arrangement, with a vote up or down on Priscilla Owen. Giving up their minority-party led obstructionism, the Senate invoked cloture on her today by a vote of 81-18. Priscilla Owen--after four years, two weeks and two days--will finally receive the fair, up or down vote she deserves.

And, mark my words, more judges like her will follow in the days ahead. I hope the minority will respect the will of the majority, and give judges the courtesy, the respect, of a fair, up or down vote.

Bill Frist

[Dog Gone]

Are you unwilling to wait and see what happens when the Demo's filibuster another nominee before making any judgments of him?

That's precisely the point. And I'm not certain we will see future Democrat filibusters. If they know Frist has the votes, why would they?

[Little Ray]

It is a cinch that there is not an intact spine or pair of testicles on the entire Republican side of the Senate...

What a bunch of losers. At least Johnny Isaakson didn't jump ship. I thought he might be one of the seven.

[Ghost of Philip Marlowe]

As Rush said this morning, these jellyfish have received praise from the MSM and their Dem opponents. They'll do nothing that would risk losing that crown of olives.

[Bigun]

If they know Frist has the votes, why would they?

IMHO they would not but that remains to be seen.

My analysis, for whatever it is worth, is that the Dim's were about to have to cave completely on the Owen nomination and allow a cloture vote to succeed rather than lose the filibuster for judicial candidates all together when the RINOS agreed to provide them with cover and endear themselves with the media in the process.

[Dog Gone]

That's pretty much my take on it, too. If they're going to permit Owens to become a circuit judge, then they're going to have to paint someone as being light years to the right of her as extreme. That's not going to be a simple task.

Bush is submitting names of extremely qualified people. No Klansmen have been submitted.

The Democrats love this deal because it has severely divided the Republican base. Just look at the threads at this forum. Even if they don't filibuster another single judge, they can claim this as a political victory. WHICH THEY LOST.

[Bigun]

Thanks! There is something on Frist's website that says virtually the same thing.

[Bigun]

Even if they don't filibuster another single judge, they can claim this as a political victory. WHICH THEY LOST.

Exactly so and are only able to do so because they have a complicit media at their side.

[Paige]

Graham is truly a disappointment!