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"Procedural Delay" -- The New Term for Filibusters
Vanity ^ | 05-27-05 | cww

Posted on 05/27/2005 6:12:26 AM PDT by CWW

"Procedural Delay"?

As I watched various newcasts by the 3 alphabet soup networks last night and this morning, I detected a clear trend that is obviosuly the democrats' talking point of the day.

Not one of these networks called yesterday's Bolton vote a filibuster when, in fact, that was exactly the case. In my book, the fialure to get 60 cloture votes is a filibuster. Am I wrong?

Obviously, to call it a filibuster would prove the democrats to disingenuous at best about the so-called new era of legislative detente. But more importantly, it would submarine the mainstream media's drumbeat of criticism of Republican Senator's who favored the constitutional option.

Of course, we'll have a better opportunity to see if the 7 "moderate" democrat senators are men of the word after the Memorial Day recess because Frist has lined up judicial nominations like planes on the Hartsfield Airport tarmac on a Friday afternoon.

But remember, a filibuster is a filibuster by any name.

"Procedural Delay"? Orwell lives!


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: 109th; bolton; delay; filibuster; obstructionistdems
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Did anyone else notice this?
1 posted on 05/27/2005 6:12:26 AM PDT by CWW
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To: CWW

More word games from the Dems on the Hill...


2 posted on 05/27/2005 6:16:41 AM PDT by Virginia Ridgerunner ("Si vis pacem para bellum")
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To: CWW

How can we fool 'em today?


3 posted on 05/27/2005 6:17:30 AM PDT by kallisti
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To: CWW
I certainly saw some Democrat saying "We're not blocking a vote on Bolton's confirmation -- we're just not going to vote."

Liberalism is a mental illness.

4 posted on 05/27/2005 6:18:01 AM PDT by ClearCase_guy (The fourth estate is a fifth column.)
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To: CWW
You are exactly right. Also, I would like to see the rules changed so that whoever was filibustering would have to stand up there and hold the floor 'til they dropped. Like Jimmy Steward had to do in Mr. Smith Goes To Washington...
5 posted on 05/27/2005 6:18:06 AM PDT by Russ
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To: CWW

As soon as the vote was tallied, Reid gets up and says "this is not the Democrats' fault" I almost fell off my chair. What an idiot!


6 posted on 05/27/2005 6:19:34 AM PDT by TommyDale
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To: Russ

A lot of those old goats like Byrd would drop dead if they had to do that. That could be a good thing.


7 posted on 05/27/2005 6:19:35 AM PDT by Piquaboy (22 year veteran of the Army, Air Force and Navy, Pray for all our military .)
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To: CWW
You are correct, it is a formal filibuster, and yes it's obvious the word has been eschewed from the headlines.

That said, may I invoke the memory of Abe Fortas.
I bring up disHonest Abe Fortas, because I am certain it was that rational the (D)s employed to convince themselves that "We are not Filibustering Bolton". Abe Fortas was indeed formally Filibustered in 1968, despite recent claims to the contrary by (R)s.

disHonest Abe Fortas did not pass cloture, that officially made it a filibuster.
The only important difference between his fail and Bolton's is that Bolton had more than 50 votes.

I'm just pointing out that Reids quote: "We do not intend to filibuster Bolton" is similar to the leader of Fortas's filibuster "We did not intend to filibuster Fortas"

May Bolton be Recessed and Judicial Filibusters outlawed.

8 posted on 05/27/2005 6:20:59 AM PDT by TeleStraightShooter (When Frist exercises his belated Constitutional "Byrd option", Reid will have a "Nuclear Reaction".)
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To: ClearCase_guy
I certainly saw some Democrat saying "We're not blocking a vote on Bolton's confirmation -- we're just not going to vote."

I was going to vote on Bolton before I was not going to vote on Bolton - John Kerry.

You may not be aware of this but John Kerry served in Vietnam.

9 posted on 05/27/2005 6:23:31 AM PDT by hflynn
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To: CWW
Another thing, the "Compromise" is silent on nonjudicial executive calender items - such as Bolton - in that there is no deal not to Filibuster him and there is no deal not to outlaw this type of Filibuster.

The "good feeling" of Senate comity has been nuked though...

10 posted on 05/27/2005 6:25:18 AM PDT by TeleStraightShooter (When Frist exercises his belated Constitutional "Byrd option", Reid will have a "Nuclear Reaction".)
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To: Russ

-...whoever was filibustering would have to stand up there and hold the floor 'til they dropped.-

AND, I'd like to see buzzers in play. Anyone who repeats an argument gets the buzzer. Maybe we can turn the senate into The New Gong Show. If we can't get results out of them, they might as well be entertaining.


11 posted on 05/27/2005 6:32:16 AM PDT by AmericanChef
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To: CWW
Not one of these networks called yesterday's Bolton vote a filibuster when, in fact, that was exactly the case. In my book, the fialure to get 60 cloture votes is a filibuster. Am I wrong?

It depends on the reason for hanging fire on taking the vote. If the reason is purely to prevent the body of the Senate from giving its "advice & consent," then blocking the vote is a filibuster.

If, on the other hand, the reason for wanting more debate is to help the Senator make up his mind, or if the Senator had something to say to the others, but was denied the opportunity to say so, then voting NAY on cloture is appropriate. Cloture is intended to permit all sides to be heard before taking the vote. It is emphatically NOT to avoid altogether, taking the vote.

12 posted on 05/27/2005 6:35:37 AM PDT by Cboldt
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To: AmericanChef

One thing for certain, the so-called filibuster deal is a fraud. It's only a matter of time before the democrats nuke their own compromise.


13 posted on 05/27/2005 6:41:30 AM PDT by CWW (Mark Sanford for President on 2008!)
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To: Cboldt; CWW
I digress, are you suggesting Miguel Estrada was not filibustered the half dozen times he failed to clear cloture due to repeated "informational requests"?
How many failures to clear cloture does it take to make a formal filibuster?

IMO it takes one.

14 posted on 05/27/2005 6:42:23 AM PDT by TeleStraightShooter (When Frist exercises his belated Constitutional "Byrd option", Reid will have a "Nuclear Reaction".)
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To: CWW

It depends on what the meaning of 'is' is.


15 posted on 05/27/2005 6:43:03 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: CWW
It's only a matter of time before the democrats nuke their own compromise.

The "good feeling" of Senate comity has certainly been nuked.

16 posted on 05/27/2005 6:43:35 AM PDT by TeleStraightShooter (When Frist exercises his belated Constitutional "Byrd option", Reid will have a "Nuclear Reaction".)
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To: CWW
And the fierce majority Republicans will run for cover.
Wimps.
17 posted on 05/27/2005 6:44:27 AM PDT by Eric in the Ozarks
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To: CWW
Frist has lined up judicial nominations like planes on the Hartsfield Airport tarmac on a Friday afternoon.

Ouch, don't use that analogy. I'm trying to fly out of ATL tonight and already dreading the delays!
18 posted on 05/27/2005 6:44:45 AM PDT by over3Owithabrain
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To: CWW

I think the term Procedural delay is appropriate. I think it's proper to deny cloture if more debate or information is needed so that senators can make a decision based on all possible evidence. However, I am not fooled by what the democrats are doing. They have received enough paperwork and background information. They are not entitled to everything in the executive departments just because they are the congress. This is obviously a delay because the last three delays have been about "more information". It will never end.


19 posted on 05/27/2005 6:50:54 AM PDT by cotton1706
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To: TeleStraightShooter
... are you suggesting Miguel Estrada was not filibustered the half dozen times he failed to clear cloture due to repeated "informational requests"?

Negative.

Only that the terms "filibuster" and "cloture" are not tied at the hip. Sometimes cloture is used to delay or deny taking the vote. If that is the case, then it is filibuster. I am sure that was the case with the cloture votes for judicial nominees in 2003 & 2004, and I am sure that is the case with the Bolton nomination, yesterday.

But sometimes cloture is used for its intended purpose, which is to control the amount of debate. It is improper use of parliamentary procedure to use cloture to kill a matter, but it is NOT ALWAYS improper to deny cloture.

It depends on the reason for hanging fire on taking the vote. If the reason is purely to prevent the body of the Senate from giving its "advice & consent," then blocking the vote is a filibuster.

If, on the other hand, the reason for wanting more debate is to help the Senator make up his mind, or if the Senator had something to say to the others, but was denied the opportunity to say so, then voting NAY on cloture is appropriate. Cloture is intended to permit all sides to be heard before taking the vote. It is emphatically NOT to avoid altogether, taking the vote.


20 posted on 05/27/2005 6:57:37 AM PDT by Cboldt
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