Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

High Court Nomination May Prove a Deal-Breaker (Gang of 14 Differ on Filibuster Justification)
Los Angeles Times ^ | July 7, 2005 | Ronald Brownstein and Janet Hook

Posted on 07/07/2005 6:19:27 PM PDT by RWR8189

WASHINGTON — The Republican and Democratic senators who in the spring negotiated a truce over judicial appointments appear at odds over what that agreement will mean for the upcoming Supreme Court confirmation fight.

The group — known as the Gang of 14 — wields enormous influence over two pivotal questions: Will Democratic lawmakers use a filibuster to block President Bush's nominee to succeed Justice Sandra Day O'Connor? And if they do, will Republicans resume the effort to prohibit filibusters against judicial appointments?

Senators from both parties say they hope that their deal will hold. But key Democrats in the group have suggested that they might support a filibuster if Bush chooses someone they consider an ideological judicial activist. In that event, some Republicans involved in the agreement have signaled that they would seek to ban the filibuster.

"Bush has made clear he's going to nominate conservative judges, and that is his right," said Sen. Joe Lieberman (D-Conn.), a member of the group. "The question is, does he give us conservative judges … so far from the mainstream of American jurisprudence and values that that would constitute 'extraordinary circumstances?' "

That was the standard established under the group's accord for permitting future filibusters of judicial appointees.

Sens. Lindsey Graham of South Carolina and John McCain of Arizona — two of the deal's Republican architects — have indicated that they do not believe their May accord permits a filibuster based solely on an ideological disagreement.

In an interview, one Republican senator involved in the deal said: "If the filibusters are ginned up again because [Democrats say] someone is too conservative, I think … we will certainly have the votes we need" to bar the use of the tactic. The senator asked not to be identified while discussing legislative strategy.

(Excerpt) Read more at latimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: 109th; brownstein; constitutionaloption; filibuster; gangof14; nuclearoption; scotus
Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-96 next last

1 posted on 07/07/2005 6:19:28 PM PDT by RWR8189
[ Post Reply | Private Reply | View Replies]

To: RWR8189

Prediction:

McCain votes for the nuclear option, in fact he'll be the first of the Gang of Seven to do so. This will turn McCain into the 2008 nominee.


2 posted on 07/07/2005 6:20:54 PM PDT by NeoCaveman (we should not hesitate to resolve the tension in favor of the Constitution's original meaning-Thomas)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

Of course the Dems are going to filibuster. The question now, do the Republicans have the cojones to light the fuse on the nuclear option? My bet is, sadly, no.


3 posted on 07/07/2005 6:21:34 PM PDT by George Stupidnopolis
[ Post Reply | Private Reply | To 1 | View Replies]

To: dubyaismypresident
McCain votes for the nuclear option, in fact he'll be the first of the Gang of Seven to do so. This will turn McCain into the 2008 nominee.

McCain becomes the nominee only if the rats are allowed to vote in the primaries in all key states...they can't. Conservatives aren't going to nominate McCain for President.

4 posted on 07/07/2005 6:25:40 PM PDT by Mogollon
[ Post Reply | Private Reply | To 2 | View Replies]

To: dubyaismypresident
McCain votes for the nuclear option, in fact he'll be the first of the Gang of Seven to do so. This will turn McCain into the 2008 nominee.

McCain becomes the nominee only if the rats are allowed to vote in the primaries in all key states...they can't. Conservatives aren't going to nominate McCain for President.

5 posted on 07/07/2005 6:26:00 PM PDT by Mogollon
[ Post Reply | Private Reply | To 2 | View Replies]

To: George Stupidnopolis
My bet is, sadly, no.

My bet is YES they will.

6 posted on 07/07/2005 6:26:22 PM PDT by Mister Baredog ((Minuteman at heart, couch potato in reality))
[ Post Reply | Private Reply | To 3 | View Replies]

To: RWR8189
If Bush's nominee provokes an intense fight, the critical question would be how the 14 senators define the "extraordinary circumstances" that would allow Democrats to filibuster without violating their agreement.

Wrong, the critical question is how 2 of the 7 RINOS define "extraordinary circumstances." If Mc Cain and Graham are telling the truth ---ALLRIGHT EVERYONE QUIT LAUGHING---then their 2 votes along with the other 48 plus Cheney means no more filibusters.

"It would play right into the Democrats' hand strategically" for the Republicans "to be out there changing the rules when they don't get their way so they can cater to their far right," said Cornell Belcher, the Democratic National Committee's pollster.

Cry me a river!

7 posted on 07/07/2005 6:27:03 PM PDT by Founding Father ( Republicans control the Oval Office, Senate and House, but still can't govern.)
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #8 Removed by Moderator

To: dubyaismypresident
Prediction:

McCain votes for the nuclear option, in fact he'll be the first of the Gang of Seven to do so. This will turn McCain into the 2008 nominee.

I've been thinking for a while that McPain is using this as part of a long term power play.

9 posted on 07/07/2005 6:27:42 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
[ Post Reply | Private Reply | To 2 | View Replies]

To: RWR8189
Why don't we give whole friggin government to RATs to run, they know better (screwup the country, Monica, taxes, defense, judiciary, freedom, constitution, etc......)

Hey bastRATs! YOU LOST!!! GET OUT OF THE WAY.
Party of filibusters, obstructionists, socialists and dumb a$$ morons!

How was that that RAT SCOTUS judges voted to give big developers right to take away property from the little working home owners and proprietors (Blacks, minorities, mom&pop...)? Ha?
10 posted on 07/07/2005 6:30:35 PM PDT by Leo Carpathian (FReeeePeee!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RWR8189

Should there be even the beginnings of a filibuster, Frist and the Republicans should put an end to the nonsense quickly.

I'm reminded of a scene from Raiders of the Lost Ark, when Indiana Jones is confronted by a sword-wielding assassin who puts on a fanciful display of threatening bluster. Jones watches with bemusement for a few moments, then takes out a gun and shoots him, ending the fight before it begins.

The Republican majority should end this fight before it begins.


11 posted on 07/07/2005 6:32:39 PM PDT by StatenIsland
[ Post Reply | Private Reply | To 1 | View Replies]

To: hugoball

thinking far ahead isn't part of their motives for retaining their power status... what is at stake is the tv time that they will have to garner for any of their upcoming mid-session elections... what makes this worse is that we are going to have to endure the purile and vapid airing of what wonderful right-honorable friends they all are as they try to stab each other in the back, but not in front of the public at large... they, in essence are going to hold out for as long as possible before they break their so-called agreement to not use the CONSTITUTIONAL option of removing the filibuster for judicial nominees... alas, the idiocrats will break first and blame it on the right-wing kooks of the senate while the republicans will look meek and unabashed instead of coming out swinging... bill frist will come, kicking and screaming to his own conclusion, that he made up himself, that the filibuster has to go and the rest will be history... unfortunately, it will still make the republican party look bad and weak and will result in the almost the same vote count for the last round of judicial nominees that were confirmed last time...

the whole thing is kabuki at it's worst... the senate is one of the worst governmental institutions we currently have going and i'm surprised that no one in the zoological societies has seen fit to come and round up these posturing peacocks and put them back in their pens...


12 posted on 07/07/2005 6:34:59 PM PDT by Methadras
[ Post Reply | Private Reply | To 8 | View Replies]

To: RWR8189
Gee, how many Senators do you suppose it would take to deadlock the gang of 14?

We might see new "gang" forming to sway the gang of 14, such that one or two Senators control the entire Senate (and the Judiciary too, in this case).

13 posted on 07/07/2005 6:37:10 PM PDT by ZOOKER (proudly killing threads since 1998)
[ Post Reply | Private Reply | To 1 | View Replies]

To: StatenIsland

They can't really.

In order for the constitutional option to be invoked, a motion for cloture must fail.

At that point Frist can seek a ruling from Cheney, or whoever is presiding over the Senate, and he can rule that the filibuster of judicial nominees is unconstitutional.


14 posted on 07/07/2005 6:40:42 PM PDT by RWR8189 (I Will Sit on My Hands in 2008 Instead of Voting for McCain)(No Money for the NRSC)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Founding Father

Forget McLame for a minute...

Graham and DeWine stated on the very day of the "MOU" that they would support Frist on the nuclear option if the D's decided to abuse the "extraordinary" clause. They further both stated that a USSC appointment was NOT an E.C. In addition, they further stated that ideology alone was insufficient to trigger the E.C. Graham has strongly implied at least, and possibly flat out stated, that Collins agrees that this is the D's final chance and that he has HER assurance to vote with Frist.

McLame is a johnney-come-lately to this party, but I believe that he will also deny the D's an opportunity to filibuster USSC nominees in the end. The nuke will pass the first time it is tried.


15 posted on 07/07/2005 6:41:00 PM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
[ Post Reply | Private Reply | To 7 | View Replies]

To: dubyaismypresident

Actually, if the dems indicate they will filibuster, when the President names his nominee (he/she will be filibustered, no matter who it is)...

I hope that Senator Frist stands up and say that enough is enough with this Gang of 14 crap...it is a Senate of 100, and HE, the Majority Leader is gonna institute the Constitutional Rule!!!!


16 posted on 07/07/2005 6:41:10 PM PDT by Txsleuth (Mark Levin for Supreme Court Justice)
[ Post Reply | Private Reply | To 2 | View Replies]

Comment #17 Removed by Moderator

To: ZOOKER

It only takes two of the seven Republicans to break away from the deal for the constitutional option to be invoked.

Dewine, Graham, and Warner have already indicated they would vote with Frist to ban the judicial filibuster if the Dems used it in an instance that wasn't "extraordinary"


18 posted on 07/07/2005 6:43:57 PM PDT by RWR8189 (I Will Sit on My Hands in 2008 Instead of Voting for McCain)(No Money for the NRSC)
[ Post Reply | Private Reply | To 13 | View Replies]

To: dubyaismypresident
Prediction: McCain votes for the nuclear option, in fact he'll be the first of the Gang of Seven to do so. This will turn McCain into the 2008 nominee.

Concur

That, and actively supporting "taking it to the enemy" in the War on Islamic Terrorists would gain him the nomination.

Of course he could throw it away for a little face time with Tim Russert ...


19 posted on 07/07/2005 6:44:07 PM PDT by af_vet_1981
[ Post Reply | Private Reply | To 2 | View Replies]

To: Socraticus

ping


20 posted on 07/07/2005 6:46:58 PM PDT by BOBWADE
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-8081-96 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson