[CA Conservative]

Recess appointments are not the solution for the judiciary. Recess appointments only last until the end of the current Congress. In the unlikely event that Bush were defeated, all of those seats would be open for a Dem president to fill immediately.

I think Hatch started showing the Republicans plan in committee the other day, when he ignored the blue slip issue for Carolyn Kuhn. I think the Republicans will find a way to work around the filibuster issue and confirm these judges anyway. One idea floated that has merit would be to have a Republican senator raise a point of order during the debate on Estrada, challenging the use of the filibuster against judges on Constitutional grounds. With Cheney sitting as president of the Senate, he could then rule that a filibuster on judicial nominees was out of order, and proceed to an up or down vote. The Dems could whine, but there is nothing they could do about it, since Cheney would be the final word. The USSC wouldn't touch any court challenge. I think this is the so-called "nuclear option" mentioned by several Republican senators.

[DoughtyOne]

This has been going on for three months now, and we control the Senate. I don't care how it is done, this needs to end. I don't think too many people in this nation are going to support the Dems blocking all Bush nominations. Call them on it in public. If we have someone with backbone out there, the Dems will come off looling like the pric-s they are!

[denydenydeny]

have a Republican senator raise a point of order during the debate on Estrada, challenging the use of the filibuster against judges on Constitutional grounds. With Cheney sitting as president of the Senate, he could then rule that a filibuster on judicial nominees was out of order, and proceed to an up or down vote. The Dems could whine, but there is nothing they could do about it, since Cheney would be the final word. The USSC wouldn't touch any court challenge. I think this is the so-called "nuclear option" mentioned by several Republican senators.

We need to start asking for this, rather than screaming for "action" or demanding recess appointments.

[Maximum Leader]

From what I understand of Senate rules, there is one additional step required to use "the nuclear option"; once the President of the Senate (Cheney) makes a ruling, the Democrats can challenge it and then the ruling itself is voted on by the full Senate. It needs 50 votes and I imagine that Cheney himself breaks the tie.

So I think before the GOP makes that move, they have to make sure they have 50 GOP senators present and willing to REALLY piss off the Democrats.

[STOCKHRSE]

" One idea floated that has merit would be to have a Republican senator raise a point of order during the debate on Estrada, challenging the use of the filibuster against judges on Constitutional grounds. With Cheney sitting as president of the Senate, he could then rule that a filibuster on judicial nominees was out of order, and proceed to an up or down vote.

Wish they would just do it....Guess timing is everything...It seems like the longer they wait the "behinder" they get....IMHO.

I get the distinct impression the LEADERSHIP is skiddish on some important issues...Maybe it's just me...