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Two Judges Face the Heat [Estrada - Owen]
Roll Call via National Republican Senatorial Committee ^ | 4-28-03 | Roll Call - Mark Preston and Paul Kane

Posted on 04/28/2003 11:15:02 AM PDT by deport

NewsDesk

Two Judges Face the Heat
Excerpts from Roll Call; April 28, 2003

Senate Republicans are expected to try to force votes on two of President Bush’s top judicial picks this week, testing Democratic will to maintain simultaneous filibusters and likely imperiling working relations between the two parties for the foreseeable future.

Senate Majority Leader Bill Frist (R-Tenn.) is expected to seek confirmation votes on Miguel Estrada and Priscilla Owen as early as Wednesday, a one-two political punch designed to highlight Democratic opposition to the GOP’s minority and women judicial candidates.

“The only way we can get traction on this issue is a sustained effort to focus our members, the press and our constituencies on it,” said a GOP leadership aide. “If that takes moving forward on a number of judges concurrently to sustain attention that is what we will do.”

But Democrats vow to dig in and continue to block confirmation votes on each nominee, citing the White House’s refusal to release memos from Estrada’s days as a Justice Department lawyer and their outright opposition to Owen’s nomination.

Even as they stall Estrada’s nomination, Democrats said they will call on Frist to immediately call up the nomination of Edward Prado, a Hispanic that Bush nominated to the 5th U.S. Circuit Court of Appeals on Feb. 6. Prado was reported out of committee on April 3 without any dissent from Democrats.

Ranit Schmelzer, a spokeswoman for Senate Minority Leader Tom Daschle (D-S.D.), said Friday that Daschle informed Frist prior to adjourning for recess that “he could go along and bring [Prado] up because he would pass.” Frist did not bring Prado’s nomination up for a floor vote, and he remains on the Senate calendar ready for a vote…

…But Frist said in an April 11 interview that he was not going to allow Democrats to set the legislative agenda and determine the judicial voting schedule.

“I’m not going to let them cherry pick, then filibuster groups of people and not give me some time agreements [on final votes],” Frist said.

The Majority Leader also dismissed chatter that he was holding back Prado’s nomination to score political points against the Democrats.

“As people come to the executive calendar, those that are nominated by the president, I am going to try to take them just one by one and I tried to do that [before recess],” Frist said. “They won’t give me unanimous consent time agreements on any of them.

“This element of obstruction, that is not even frustrating to me — it is just a matter of fact,” Frist added.

So far, Democrats have successfully defeated several cloture votes on Estrada, who was renominated by Bush to the U.S. Court of Appeals for the D.C. Circuit on Jan. 7 after his nomination languished in the Democratically controlled Judiciary Committee in the 107th Congress. But it would be the first time the Senate, as a whole body, would have an opportunity to vote on Owen, whom the president has nominated to the 5th U.S. Circuit Court of Appeals.

Bush originally picked Owen for the lifetime judicial appointment in the 107th Congress, but her nomination was defeated on party lines in committee last fall. She was renominated Jan. 7 and approved under Republican rule along a party-line vote on March 27.

Democratic-aligned interest groups have planned a Thursday rally to denounce Owen’s nomination.

On Monday and Tuesday, opponents will hold news conferences to condemn another one of Bush’s judicial nominees, Jeffrey Sutton, seeking a seat on the 6th U.S. Circuit Court of Appeals. He, too, was originally nominated in 2001 by Bush for the Circuit Court. Sutton, as a private lawyer, has argued cases against the Americans with Disabilities Act, invoking strong feelings from several Senators and disabled Americans.

Despite strong opposition to Sutton from some within the Democratic Caucus, the Senate’s leading liberal acknowledged that Sutton would likely be confirmed when the Senate votes on his nomination Tuesday.

“I would expect that he would pass,” Sen. Edward Kennedy (D-Mass.), a senior member of the Judiciary Committee, said during a domestic policy briefing with reporters last week.

Kennedy, however, said there was near unanimity among Democrats to oppose Owen, adding that he couldn’t recall a single Democratic Senator speaking out in favor of her nomination during Caucus meetings before the recess.

As for Estrada, Schmelzer said that “Democrats have made their position on Judge Estrada very clear. They asked for additional documentation, and the White House refuses to turn over that documentation.”

For Democrats to sustain filibusters on both Estrada and Owen, they must ensure that only 59 Senators support each nominee.

A Republican Judiciary aide said there is a question of whether it is “unconstitutional” to force a judicial nominee to achieve a “supermajority” of 60 votes, as Democrats are requiring in these two cases, to win approval.

Still, the GOP aide predicted it is a political miscalculation on Democrats’ part to sustain a double filibuster.

“If one party is saying that you must think a certain way for us to value you as a member of our party, that is a political risk the Democrats are willing to make and we are happy to invite that,” said the aide.

… (A) senior Democratic aide said party leaders are not worried about the decision to filibuster Estrada and Owen.

“That party does not have a great deal of credibility with minorities,” the aide said.

But the aide acknowledged a judicial fight on these two nominees this week could result in long-term negative consequences.

“What happens [this] week undoubtedly will raise us to another level,” said the aide, referring to existing bitter relations between both parties.

A GOP aide agreed that failure to reach agreement on these two nominees soon is likely to result in a “serious meltdown” in the Senate chamber.

Roll Call



TOPICS: Extended News; Government; Political Humor/Cartoons
KEYWORDS: confirmation; estrada; judicialcrisis; nominations; owen
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Floor Schedule

through April 28, 2003

In adjournment until 12:00 p.m. Monday, April 28, 2003

12:00 pm:  The Senate will be in a period of morning business for one hour.

1:00 pm:  In executive session, consider the nomination of Jeffrey S. Sutton to be a U.S. Circuit Judge for the sixth circuit.


1 posted on 04/28/2003 11:15:03 AM PDT by deport
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To: Miss Marple; Howlin
Looks like the Judicial nominations will be one topic of the Senate this week......
2 posted on 04/28/2003 11:16:42 AM PDT by deport (.......Beware of Idiots bearing gifts........)
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To: deport
Looks like it.

I guess the naysayers haven't found this thead yet.
3 posted on 04/28/2003 11:21:25 AM PDT by Howlin (The Trojan Horse was a "gift," wasn't it?)
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To: 1Mike; 3catsanadog; ~Kim4VRWC's~; A CA Guy; A Citizen Reporter; abner; Aeronaut; AFPhys; agrace; ...
Be on the lookout alert!
4 posted on 04/28/2003 11:24:02 AM PDT by Howlin (The Trojan Horse was a "gift," wasn't it?)
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To: Howlin
I'll be lookin' for ya, darlin'....
5 posted on 04/28/2003 11:26:18 AM PDT by Cyber Liberty (© 2003, Ravin' Lunatic since 4/98)
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To: Cyber Liberty
Since the war is winding down, I think we can start the threads back up.
6 posted on 04/28/2003 11:27:09 AM PDT by Howlin (The Trojan Horse was a "gift," wasn't it?)
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To: Howlin
Thanks for the info .. I'll have to go pull up my C-span link again

7 posted on 04/28/2003 11:27:30 AM PDT by Mo1 (I'm a monthly Donor .. You can be one too!)
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To: deport
Can you say recess appointment?
What the hell is Bush waiting for? Hasn't there been recesses?
Shove them up the dems ol wazoo.
8 posted on 04/28/2003 11:28:38 AM PDT by Joe Boucher
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To: Stand Watch Listen; votelife
FYI.
9 posted on 04/28/2003 11:29:21 AM PDT by Howlin (The Trojan Horse was a "gift," wasn't it?)
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To: Howlin
Thanks
10 posted on 04/28/2003 11:37:04 AM PDT by firewalk
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To: Joe Boucher
Can you say recess appointment?
What the hell is Bush waiting for?


Good question.... I don't have any knowledge of what their thinking or intent is. Maybe neither Estrada or Owen want a recess appt and have to give up permanent jobs at this time without pay. Who knows......
11 posted on 04/28/2003 11:43:32 AM PDT by deport (.......Beware of Idiots bearing gifts........)
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To: Howlin; deport; votelife
Thanks for the heads-up...appreciate it.

Related Articles: and past Senate Democrats’ obstructionism

A Legacy Worth Fighting For [re: judiciary]
Source: CNSNews.com Published: April 28, 2003; Author: Paul M. Weyrich

The Constitution Be Damned - Democrats try to impose a religious test on judges
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The Democrats’ Big Plan
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Filibuster Si, Estrada No!
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President Calls for Action on Judicial Nominations
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Supermajority Rules?: Why the Estrada filibuster is unconstitutional
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Barbara Stanley: Hillary Barks Her Marching Orders To Democrats: Bork Miguel Estrada!
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Authors:
Ralph G. Neas -- YES: The ideology of nominees for the federal judiciary matters more now than ever
Roger Pilon -- NO: Since judges apply law, not make it, the Senate's concern should be with judicial temperament

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12 posted on 04/28/2003 11:44:06 AM PDT by Stand Watch Listen
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To: Howlin
Howlin,

Can you add me to your ping list if you start another live filibuster thread?

Time to circle the wagons again.

Thanks!
13 posted on 04/28/2003 11:45:41 AM PDT by Not A Snowbird (War's over... let's get Estrada confirmed!)
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To: SandyInSeattle
I'll be glad to!
14 posted on 04/28/2003 11:46:55 AM PDT by Howlin (The Trojan Horse was a "gift," wasn't it?)
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To: Joe Boucher
I would rather have them as a continuing example of 'Rat obstructionism than have them seated. Add a few more nominiees and at the right time force a 24 hour a day filibuster. Even if this has to wait until right before the 2004 election. I would love to see the 'Rat senators have to stay in Washington when they would rather be campaigning, especially Little Tommy, who should be in huge trouble by September or October 2004.

All of this is based on the baseless assumption that the Senate Republicans have the testicular fortitude to make this into a real fight.

15 posted on 04/28/2003 11:52:07 AM PDT by KarlInOhio (Paranoia is when you realize that tin foil hats just focus the mind control beams.)
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Comment #16 Removed by Moderator

To: Howlin
Thanks for the ping--reporting for duty. Listening to Kennedy bloviate against Sutton. Same tactic, different nomination.
17 posted on 04/28/2003 11:56:52 AM PDT by LisaFab (Free Miguel Estrada!)
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To: LisaFab
You're a better person than I am. Can't take it!
18 posted on 04/28/2003 11:57:50 AM PDT by Howlin (The Trojan Horse was a "gift," wasn't it?)
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To: Howlin
bttt
19 posted on 04/28/2003 12:01:15 PM PDT by MeekOneGOP (Bu-bye Dixie Chimps! / Check out my Freeper site !: http://home.attbi.com/~freeper/wsb/index.html)
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To: Howlin
I just want to know why Teddy wasn't so worried about the Consitution when Dem Judges were being confirmed?

Oh that's right .. they fit their agenda

20 posted on 04/28/2003 12:03:06 PM PDT by Mo1 (I'm a monthly Donor .. You can be one too!)
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