Ending the Democrats' Obstructionism of Judicial Nominees

CNSNews.com ^ | May 05, 2003 | Paul M. Weyrich

[Stand Watch Listen]

The new freshman class of Senate Republicans is a brighter-than-usual class. As proved to be the case with many of the members of the 1980 and 1994 classes, those Senators who come to power in watershed elections often do not fare well in their reelection campaigns because they were the product of a zeitgeist that no longer existed.

This freshman class, although they benefited from President Bush putting himself on the line, could have stood on their own. Two members, Elizabeth Dole (R-NC) and Lamar Alexander (R-TN), are former cabinet members. Alexander had also been a two term Governor of Tennessee. John Cornyn (R-TX) had been a judge and the Attorney General of a large state. Norm Coleman (R-MN) had been mayor of the second largest city in his state and four new Senators -- John Sununu (R-NH), Saxby Chambliss (R-GA), Lindsey Graham (R-SC) and Jim Talent (R-MO) -- had served in the House when Republicans
were in the majority.

The last group is significant because they learned that it is possible for Republicans to exercise power. Considering the razor-thin margins Republicans had in the 105th , the 106th and the 107th Congresses, they did remarkably well thanks to the skilled leadership of now Majority Leader Tom DeLay (R-TX), who is intensely disliked by the minority Democrats precisely because he does not hesitate to use his power for the common good whenever it is necessary.

This freshman Senate class -- the four former House Members in particular -- is very frustrated with the Republican-controlled Senate. Senator Jim Talent of Missouri, by far the most cerebral member of his class, commented recently that it is the culture, rather than the rules, which is keeping the Senate's leadership from accomplishing meaningful things.

It is true that even the most solid conservatives have convinced themselves that nothing can be done about the current situation. They wring their hands and insist that it takes 60 votes to pass anything, and since Republicans can almost never muster that many votes, the ballgame is over. Right now the minority Democrats are filibustering two appeals court nominees and appear ready to filibuster a district court nominee for the first time in history.

The Senate leadership has convinced itself that there is no way out of this situation. The most support that they have been able to muster is 55 votes. Some have suggested that what is needed is a round-the-clock filibuster, but that means all 51 Republicans have to be ready for quorum calls in the middle of the night. If as many as a single Senator were absent, Republicans could lose control of the floor.

I have suggested that President Bush make the blocked nominations his top priority and campaign hard in the states where Senators might be persuaded to switch their votes on cloture, thus allowing an up or down vote on the judicial nominees. But the White House is tied up with tax cuts now and isn't inclined to make judgeships top priority.

Talent suggests there is another way out if you could change the mindset of his caucus to the point where Republican senators would convince themselves that they could use their power to act.

The Talent solution goes like this: After a cloture vote is lost for lack of 60 votes, a senator would move to appeal the vote on the grounds that it is unconstitutional. Why unconstitutional? Because the minority is requiring 60 votes for judicial nominations, yet the Constitution is very clear about when super-majorities are required. Judges isn't one of them.

The parliamentarian would most likely rule the motion out of order. (He is a real problem and should be fired by Majority Leader William Frist). His ruling would be appealed and if all 51 Republican Senators held together, his ruling would be overridden. Thus having taken back control of the process, the Senate Majority Leader would move to have the pending nominations considered, which would only need a simple majority vote for approval and which could be readily obtained. The GOP would have taken back control of the process and would be confirming the best of President Bush's
nominees.

Now, of course, Republicans would have to be prepared for screams of anguish from the minority, echoed by the national media. But who cares? See, that's the problem.

In their current mindset, many Republican Senators, and not just liberals, worry about what is written on the editorial page of the New York Times, or said on the CBS Evening News with Dan Rather. These guys don't yet get it. Fewer and fewer people rely on newspapers and the traditional print media for their information.

Most people get their news about politics and government from the broadcast media. Conservatives dominate talk radio and the Fox News Channel is the fastest growing channel in news/ talk television. Then, there is the Internet. All the big web pages are conservative. The liberal media is in a state of significant decline. The Republican senators can get by with doing what Senator Talent suggests and survive politically.

The current culture of the Senate, however, says otherwise. That's why Sen. Talent says it's not the rules but the mindset that is holding back his fellow Republicans in the Senate. It's time Senate Republican caucus faced up to this problem. If they can finally get into the correct mindset, they can stop the whining about how powerless they are and at last use their power for the good of this country.

(Paul M. Weyrich is chairman and CEO of the Free Congress Foundation.)

Free Congress Foundation

[Stand Watch Listen]

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[RandyRep]

A voice of reason and hope has spoken...

Of course, the Democrat response will be to try to peal two Republicans away from the current majority to vote against the motion that it's unconstitutional.

It's worth a try.

[sanjacjake]

My take on the Senate is...Republicans lost their fireball and the guy who should have been Majority leader the past
few years...that is Phil Gramm of Texas....He liked to
tell it like it is and would've put the Schumers and the
Hillary worshippers in their place...No one like him for
the Repubs today....Jake

[votelife]

5/9/03 is the 2 year anniversary of Estrada's nominiation...

[Iowa Granny]

It will never happen because the U.S. Senate doesn't play with brass knuckles and sharp knives. 'Tis a pity.

[RockBassCreek]

Excellent thought. Why? Because it's at least a thought.

I am pretty damn tired of hearing the republicans whine about how powerless they are. It's time they grew a pair and did something proactive.

They keep trying that which is proven ineffective. And they have a HOST of new ideas that put control back in their hands, but they've tried none of them.

I'm beginning to wonder if they're not ACTUALLY on the side of liberal judges, and this handwringing is simply to mollify their conservative base.

Well, this member of the conservative base thinks the Republican Senators are cowards, or worse, lying manipulators. If not, they would try something proactive! (Maybe they're afraid to let us know that Snowe, Voinovich, and/or others have backchanneled them that they will NOT support the President on a close Estrada vote!)

Write your Senators....not the ones who are obstructing.....write THE REPUBLICANS and ask when they're going to do something other than cry, boo-hoo, whine.

[n-tres-ted]

The majority leader should request a ruling by the parlimentarian that Rule 10 (providing for filibusters) does not cover (never has) approval of federal judges. If the ruling is denied, then Frist requests as a point of order a vote on the interpretation of Rule 10. That vote is not subject to filibuster and requires only a majority vote to be adopted. This deadlock is soluble, and should be resolved without further delay.

[RockBassCreek]

If they consider with their inaction, then I will believe that the pubbies know they don't have the votes to confirm Estrada. They believe some of their own will turn against them, and they don't want that published.

[mwl1]

We will get Estrada and Owen through. It will just take time. We have to get the tax cut first, then concentrate on judges.

The bottom line is that we have to get moderates RATS who are up for re-election next year (Lincoln, Hollings, Graham of FL, etc) to the tipping point where they fear their own electorate more than Daschle. We will get to that point later this year and early next.

[Iowa Granny]

Pinging you to a very interesting read.

[green team 1999]

I agree with you,Phil Gramm was a great senator,pro-gun,pro-life,too bad he retired.

[savedbygrace]

This has possibilities. Does Dr. Frist have what it takes to be a majority leader or not? I'm sure he has read this column by now, so we'll see.

[princess leah]

JUST DO IT!

[mwl1]

Gramm was a great senator, but he would be the first to agree that he did not have the people skills, the diplomacy to serve as majority leader.

[Bonaparte]

"...Republicans would have to be prepared for screams of anguish from the minority, echoed by the national media."

Since all they seem to care about is being re-elected, regardless of what they accomplish for their constituents, I can suggest a way to relieve them of that worry -- massive bombardment of Senate Republican offices with letters/calls/faxes/e's from angry constituents, letting them know that we will loudly and insistently call for their resignations now or, failing that, will actively work to unseat them asap. And keep the pressure on until they show results, not platinum plated intentions or good "efforts." Results. RFN.

If they don't want to do the job, that's fine. We can just fire them and hire somebody else. This has dragged on far too long.

[Cordova Belle]

ping

[Remedy]

BUMP!

[GOPrincess]

I love Talent's idea. It's so simple, how come we haven't heard it before? :) (Maybe for the same "cultural" reasons it hasn't actually happened?)

Now that the war is winding down it's time to get this situation solved. I hope the Republicans will show us they have the gumption to get the job done one way or another.