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Senate Committee Passes 'Nuclear Option' Filibuster Rule
CNSNews.com ^ | 6/24/03 | Jeff Johnson

Posted on 06/24/2003 4:20:00 PM PDT by kattracks

Capitol Hill (CNSNews.com) - Anticipating a possible vacancy on the Supreme Court later this year, the Senate Rules and Administration Committee Tuesday passed what opponents have called the "nuclear option" to end the Democrats' strategy of filibustering judicial nominees they do not have enough votes to defeat. Senate Minority Leader Tom Daschle (D-S.D.) predicted Democrats will be able to block the resolution, just as they have been successful in blocking the president's judicial nominees.

Under the Senate's current rules, any senator can "filibuster" a judicial nomination simply by objecting when a "unanimous consent request" is made for a confirmation vote. To break the filibuster, supporters of the nominee file a "cloture motion" to end debate. Cloture motions on nominations now require 60 votes to pass.

Sen. John Cornyn (R-Texas), the sponsor of a resolution to change that rule, complains that Democrats have been able to sustain a 41- to 45-member coalition to keep nominees they perceive as "too conservative" from receiving confirmation votes.

"There has never been a filibuster of a judicial nominee, now there are two," Cornyn said. "Further nominees are threatened to be filibustered, and we must do something soon, or this downward spiral of obstructionism will only grow beyond our capacity for reform."

CNSNews.com previously reported, along with other national news outlets, that there had been a filibuster of a judicial nominee when, in 1968, 24 Republicans and 19 Democrats opposed the elevation of Supreme Court Justice Abe Fortis to the position of chief justice of the United States. It has since been learned that Fortis' nomination was withdrawn when only 46 senators agreed to support for the nominee.

Currently, a minority of senators, composed entirely of Democrats, is blocking the nominations of Miguel Estrada to the U.S. Circuit Court of Appeals for the District of Columbia and Texas Supreme Court Justice Priscilla Owen to the 5th U.S. Circuit Court of Appeals, even though both nominees have the support of at least 51 senators. Democrats have also threatened to filibuster the nominations of Carolyn Kuhn to the 9th U.S. Circuit Court of Appeals and Alabama Attorney General William H. "Bill" Pryor to the 11th U.S. Circuit Court of Appeals if their nominations are brought to the floor.

But Senate Resolution 138 (S. Res. 138) would reduce the number of votes required to break the filibuster of a judicial nominee by three each time a subsequent cloture motion is filed. On the fourth such vote, 51 senators could "invoke cloture," ending debate within 30 hours and forcing a confirmation vote.

Daschle said Tuesday that he wished Republicans would not force the issue.

"It is a very irresponsible and dangerous path to take," Daschle said, "and I would hope that [Republicans] would recognize the precarious circumstances under which that would be offered and would decide not to."

The South Dakota Democrat was also asked if Democrats have enough votes to block the rules change in the same manner they have blocked some of the president's judicial nominees.

"I believe we do," he said. "I think the rule will be defeated on the Senate floor."

Cornyn calls the resolution "a reasonable, common-sense proposal" and hopes his colleagues will look past partisanship to what is best for the nation's judiciary and for the efficiency of the Senate.

"There are at least 26 laws on the books today that prohibit a minority of senators from using the filibuster to permanently block certain kinds of measures," Cornyn said. "The judicial confirmation process should surely be added to this list."

If not, Cornyn warns, an even more important judicial vacancy could set the stage for one of the most politically destructive battles in the history of the Senate.

"Such failure would be especially troubling and in fact unacceptable," he said, "during the confirmation debate on a future nominee to the Supreme Court."

Court watchers have predicted that one or more justices could announce retirement from the Supreme Court as early as this month.

The full Senate must vote on the resolution before it can take effect. Rules changes require only a simple majority - 51 votes - to pass, but opponents can filibuster the resolution under a special rule that would let only one-third of the senators block a vote on the proposal.

E-mail a news tip to Jeff Johnson.

Send a Letter to the Editor about this article.




TOPICS: Breaking News; Government; News/Current Events; Politics/Elections
KEYWORDS: filibuster; judicialnominees; nuclearoption
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To: cyberbuffalo
We should say what we need to say and vote as we need to vote and not play these parliamentary games.
21 posted on 06/24/2003 5:19:53 PM PDT by RightWhale (gazing at shadows)
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To: Satadru
Actually, Pickering was shot down in Committee back when the RATS still controlled the Senate and Patrick "Leaky" Leahey was the Chairman of the Judicial Committee
22 posted on 06/24/2003 5:24:52 PM PDT by MJY1288 (The Gifted One is Clueless)
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To: cyberbuffalo
What they have done is wrong, buffalo. We're willing to play by the rules. The prez gets to nominate his choices. We get to elect the prez. I can live with that.
23 posted on 06/24/2003 5:26:45 PM PDT by Bahbah
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To: Howlin
Thanks for the ping, Howlin.
24 posted on 06/24/2003 5:27:46 PM PDT by Bahbah
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To: MJY1288
Is there a chance he will be re-nominated, or is Bill Pryor supposed to be his replacement?
25 posted on 06/24/2003 5:28:51 PM PDT by Satadru
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To: kattracks
great news.

bump.
26 posted on 06/24/2003 5:29:14 PM PDT by proud American in Canada ("We are a peaceful people. Yet we are not a fragile people.")
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To: cyberbuffalo
I, for one, am not in favor of the filibuster of ANY judges on either side. I don't want liberal judges on the bench any more than anyone else, but this is still a republic, and I do not like the idea of a minority group of senators running the show, even if they are conservatives. We've got certain principles to uphold, and one of them is majority rule.
27 posted on 06/24/2003 5:29:58 PM PDT by VOR78
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To: RightWhale
I agree with you, Lets embarrass the democrats for their obstructionism and when that horrible day comes when a democrat gets to appoint Judges, we give the candidtate a fair hearing and vote them up or down on the Senate floor.

If we don't the Judicial nominating process will be a continual mess.

I'm hoping GWB will use this issue during the campaign to show the country just how obstructive the democrats have been.

28 posted on 06/24/2003 5:30:55 PM PDT by MJY1288 (The Gifted One is Clueless)
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To: Dog Gone
Did we even try with Ruth Bader Ginsburg?

Most people don't know the true Ginsburg story. Her husband is a powerful tax lawyer who saved Ross Perot a bundle. Perot was so thankful that he endowed a chair for hubby at Georgetown Univ. Law Center. Ginsburg had heavy hitters among GOP, Dimwits and Independents going to bat for her. She was also the choice of trial lawyers, a constituency that Clinton aimed to please. She was the closest thing one could come to for a teflon nominee...one that would pass through cleanly without alot of fuss (despite her leftist leanings).

29 posted on 06/24/2003 5:31:49 PM PDT by Young Rhino (Does God Wear a Tinfoil Hat? Is he a member of the CFR and Trilateral Commission?)
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To: Satadru
I'm can't be absolutely sure, but I believe President Bush has already said that Pickering's nomination is still on the list, just as Precilla Owens still is
30 posted on 06/24/2003 5:32:57 PM PDT by MJY1288 (The Gifted One is Clueless)
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To: Satadru
BTW, Bill Pryor has shown more guts than any Judicial Nominee I have seen in years and I hope this guy goes all the way to the Supreme Court.
31 posted on 06/24/2003 5:35:24 PM PDT by MJY1288 (The Gifted One is Clueless)
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To: cyberbuffalo
"Anyone else think that this change will just bite us in the ass when it comes time for us to filibuster liberal judges?"

That's my greatest fear. However, we cannot squander the greatest opportunity conservatives have ever had to reshape the judiciary to our benefit. Remember, if President Bush's judicial nominees and supreme court nominees (I am assuming there will be at least one retirement) are confirmed we can at last overturn Roe Vs. Wade and end affirmative action, plus so much more.
32 posted on 06/24/2003 5:36:27 PM PDT by MainstreamConservative
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To: kattracks
Past time!
Now they better make it stick!
33 posted on 06/24/2003 5:38:13 PM PDT by sarasmom (Punish France.Ignore Germany.Forgive Russia..)
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To: Satadru
Pickering has been renominated.
34 posted on 06/24/2003 5:39:49 PM PDT by votelife (FREE MIGUEL ESTRADA!)
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To: RightWhale
Thank you!

35 posted on 06/24/2003 5:42:24 PM PDT by visualops (It's easier to build a child than repair an adult.)
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To: kattracks
ANYONE: 1) can a president make a RECESS Supreme Court nomination?

2) What would happen if Bush did so with Estrada if there comes a vacancy???? If the problem has been that the issue has not been "high profile" enough for Hispanics to get energized, and put the heat on Dems, would this not "elevate" that debate?

36 posted on 06/24/2003 5:46:08 PM PDT by LS
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To: kattracks
I think this is a Constitutional matter.. Send it to the SC and hope they don't urinate on it.
37 posted on 06/24/2003 5:47:11 PM PDT by Jhoffa_ (Hey you kids, get off my lawn!)
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To: Satadru
No, he was not.
38 posted on 06/24/2003 5:49:15 PM PDT by Howlin
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To: CyberAnt
They have the 51.
39 posted on 06/24/2003 5:52:00 PM PDT by Howlin
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To: DannyTN
Since the technique has already been used, I don't see anything stopping the rats from lowering it again.

Exactly.

40 posted on 06/24/2003 5:52:40 PM PDT by Howlin
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