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Lines Drawn for 30-Hour Debate (Senate Judicial Confirmations)
Roll Call ^ | November 6, 2003 | Paul Kane

Posted on 11/06/2003 9:02:23 AM PST by Starboard

Break out the cots.

The battle lines have been drawn in the Senate for the chamber’s first all-night political brawl in more than a decade, with both sides spoiling for a fight next week over the judicial confirmation process.

Senate Republicans said that their so-called “30-hour plan” — at least 30 straight hours of uninterrupted debate on judges — is set to begin sometime Wednesday, probably late in the afternoon, and carry on until nearly midnight Thursday. They’re even holding out the option of going into the wee hours of the morning Friday if their troops are up for it.

Furious at what they consider to be a double-cross, Senate Democrats are ready to mount what senior aides are calling a “major counteroffensive” and are signing up their own Caucus members for floor duty throughout the marathon debate.

Democrats contend that they put forward a “good-faith effort” in agreeing to be in session next Monday and Tuesday, giving up the annual Veterans Day holiday in order to do more work on appropriations bills and other must-pass items before a hoped-for Nov. 21 adjournment.

After agreeing to votes on Veterans Day, senior Democratic aides said, it was only later that Republicans informed them that the schedule next week would include 30 straight hours of debate on judicial nominations, likely to be followed by cloture votes on two or three judges Friday.

Democrats contend the 30-hour plan is a “midweek political stunt” that will only eat into time in which they could tackle other items, aides said. Pointing to Congress’ other priorities, Minority Leader Tom Daschle (D-S.D.) scoffed at the debate on judges.

“They can’t be serious about adjourning,” Daschle said.

A senior GOP aide said Majority Leader Bill Frist (R-Tenn.) had only guaranteed that floor time would be taken up by appropriations into Wednesday’s session, asserting there was “no double-cross.”

“If they’re so fired up we’re gratified,” the aide said of the upcoming debate.

As they developed their plans for the judicial debate, Republicans weren’t sure how engaged the Democrats planned to be, and moved quickly to get all 51 Republicans to pledge to come to the floor and join in the debate, assuring their ability to carry on the fight all day and night. Speaking assignments have been doled out to some GOP Senators this week, while others are still awaiting their time slot.

“I think I’m the morning of the second day,” said Sen. Larry Craig (R-Idaho), who said the toughest time slots — those in the early morning hours — have already been gobbled up.

Some junior Senators acknowledged their lack of seniority probably destined them for a late-night or early-morning slot.

“You take whatever they give you. I’m pretty low on seniority,” said Sen. John Ensign (R-Nev.), elected in 2000. “So I imagine it won’t be a great time.”

Some senior Senators have made clear they expect to be given preferential treatment.

“I’ve got a sick hand, a sick leg and a sick ear,” Sen. Pete Domenici (R-N.M.), 71, said. “I’m going to have to take the time that’s most comfortable for me.”

With Democrats now fully engaged in the fight, it’s unclear what the format will be. Republicans had been signing up their Senators for 30-minute and 60-minute speaking spots.

Originally, Democrats had laughed off the idea of 30 hours of debate, with Minority Whip Harry Reid (Nev.), the floor captain for Democrats, suggesting he wouldn’t need any wing-men to help bear the burden. “I think that will be so easy I won’t need any help,” Reid said.

But now Democrats are so furious about having given up Veterans Day so Republicans could orchestrate their 30-hour plan that they have their own sign-up sheet for speaking slots. Democratic aides plan on spending the next several days negotiating with Republican staff over the format of the process. Democratic speakers will try to rebut the GOP arguments about the four filibusters Democrats have so far mounted to block circuit court nominees from up-or-down votes, as well as orchestrate a broader theme about their belief that Republicans have “misplaced priorities” and are taking up valuable floor time on judges while a litany of pocket-book issues don’t get the same attention, aides said.

“If the American people really are listening in the middle of the night,” one senior aide said, “this is a message that will resonate a lot better.”

Republican aides pointed to members of the Judiciary Committee as the leaders of the charge and those who are likely to be speaking the longest. In the overnight hours, Sen. Lindsey Graham (R-S.C.), 48, a member of Judiciary, is expected to play a lead speaking role, as is Sen. Norm Coleman (R-Minn.), 54. Both Graham and Coleman were elected in 2002 and raised the issue of Democratic blockage of some high-profile judicial nominees as an example of what Republicans have labeled Democratic obstructionism.

The plan has been orchestrated by Republican Conference Chairman Rick Santorum (Pa.), but aides said Frist has been on board with the scheme for some time.

The early portion of the debate is likely to focus on two nominees from California, Judge Carolyn Kuhl, nominated to the 9th U.S. Circuit Court of Appeals, and Janice Rogers Brown, nominated to the U.S. Court of Appeals for the D.C. Circuit. One aide noted that the early phase of debate on Wednesday and into early Thursday morning would occur during drive time and prime time in California, possibly increasing chances that Golden State voters would hear or see the unusual debate.

Logistically, much of the overnight debate will appear like most business on the Senate floor, with only a few Senators present. At any given time Republicans must have two Senators on the floor, one to wield the gavel and the other to speak. Democrats, however, need only one Senator in the chamber, to speak or, more importantly, to object in the instance that a Republican speaker asks for unanimous consent to move to a vote on any of the contentious nominees.

The upcoming battle will be in essence a reverse filibuster compared to that made famous in “Mr. Smith Goes to Washington.” In that case, “Senator Smith” was desperately trying to block legislation he believed would harm children in his home state.

In this case next week, the people pushing for a vote to happen, Republicans, will likely end up being the ones speaking the most.

Veteran aides on both sides of the aisle say the last time there was a legitimate all-night filibuster was in October 1992, when then-Sen. Al D’Amato (R-N.Y.) spoke for more than 14 hours, including singing show tunes, in an effort to block a tax bill that would have harmed one of the last companies producing old-fashioned typewriters, Smith Corona, which was based in New York.


TOPICS: Extended News; Government; Politics/Elections
KEYWORDS: judicialnominees; senatefilibuster
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Let's get ready to rumble....
1 posted on 11/06/2003 9:02:24 AM PST by Starboard
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To: Starboard
If the Democrats want a filibuster make em hold a real one and force em to bring in the cots. For blocking our judges a lot of Rat legislation can be left to die on the vine by Thanksgiving. We'll see if they blink before then.
2 posted on 11/06/2003 9:04:50 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Starboard
Rumble my ass. Frist has put a thirty hour time limit on this debate.

This is nothing new.

Be Seeing You,

Chris

3 posted on 11/06/2003 9:05:13 AM PST by section9 (Major Kusanagi says, "Click on my pic and read my blog, or eat lead!")
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To: Starboard
They’re even holding out the option of going into the wee hours of the morning Friday if their troops are up for it.

It is about time!

4 posted on 11/06/2003 9:05:48 AM PST by thiscouldbemoreconfusing
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To: goldstategop
GOOD! If the Dems are mad, then push their buttons and really send them over the edge...Let's show America that the democratic party sabotages its own citizens for POLITICAL manipulation! BRING IT ON!
5 posted on 11/06/2003 9:09:30 AM PST by princess leah
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To: Starboard

The way to get the d's to leave is read two things over and over and over, the 1611 King James Version of the Bible and the entire US Constitution and Declaration of Independence, but first pass a rule that there will be no reading of the d's bible and constitution, the Karl Mark Communist manefesto.

6 posted on 11/06/2003 9:10:32 AM PST by thiscouldbemoreconfusing
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To: thiscouldbemoreconfusing
IF their troops are up for it...

That's a big "if".
7 posted on 11/06/2003 9:10:42 AM PST by MamaLucci (Clinton met with a White House intern more than he did with his CIA director)
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To: section9
exactly. same sh^&* different day. No one will get appointed and then its back to business as usual.
8 posted on 11/06/2003 9:11:50 AM PST by KantianBurke (Don't Tread on Me)
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To: Starboard
It would help if the Republicans used the inevitable placards during the last prime-time slot to show the white male faces of the "democrat approved" judges, versus the brown and female faces of those the dems most resist.
9 posted on 11/06/2003 9:14:13 AM PST by Sgt_Schultze
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To: section9
I don't know, Ted Kennedy going 30 hours without booze will kill him.
10 posted on 11/06/2003 9:14:53 AM PST by abnegation (The only man who never makes a mistake is the man who never does anything. TR)
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To: section9
This is nothing new.

May not be new, but its the first all-nighter in over a decade and is certainly a "shot across the bow."

11 posted on 11/06/2003 9:14:58 AM PST by Starboard
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To: section9
But it'll satisfy the people who want the Senate to force more public attention on the Dems' filibuster.

But otherwise it is pointless.

Only forcing a rules change would lead to a real filibuster that would end the Dems' filibuster and get Senate consideration of the judges.

12 posted on 11/06/2003 9:17:06 AM PST by mrsmith
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To: Starboard
An added plus is to get hours of sound bites of Dems being obstructionists for use in the 2004 elections.
13 posted on 11/06/2003 9:18:02 AM PST by babaloo
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To: abnegation
Nothing says he can't have a drink while on the Senate floor ... but I still want the socialist pig to have to stand up and verbalize, along with KKK Byrd, and Hatellary Rodhamster Clinton. Maybe Tom'dungheap'Harkin can give one of his sermons, like the one he delivered at the Wellstone memorial. Oh my, this has tremendous comic potential! Must buy microwave popcorn today!
14 posted on 11/06/2003 9:19:18 AM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: babaloo
Good point.
15 posted on 11/06/2003 9:19:47 AM PST by Starboard
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To: Starboard
This is just the opener. The plan will be to throw in these lengthy debates from time to time to raise the media coverage, complete with photos of women, blacks, and hispanics being filibustered by Senate democrats. As we get closer to the 2004 elections, it will escalate until either the Senate democrats collapse in a blaze of ignominy, or they have completely angered their core constituencies. I remember when they were trying to "Bork" Clarence Thomas: they thought it was great politics, but then the first polls started coming in showing that blacks completely supported Thomas, and democrats hastily pulled the plug on the smear - hearings.
16 posted on 11/06/2003 9:21:33 AM PST by thucydides
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To: mrsmith
They are stalling until there is just a smidge less than a year left, for recess appointments to remain well through the 2004 elections. Strategery
17 posted on 11/06/2003 9:21:40 AM PST by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Starboard
This all seems a bit silly - debate with a 30 hour time limit, pre-announced. This will accomplish nothing.
Have they passed all the appropriation bills yet - I think there are still a few outstanding & the new fiscal year has already started.
Even c-span junkies will probably snooze during this. I don't think they even have to stay on message - they could read bedtime stories for all we know.
18 posted on 11/06/2003 9:21:54 AM PST by familyofman
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To: Starboard
Finally BUT the action should begin Friday afternoon and go over into the weekend - if the political whores in DC want to demonstrate to the electorate that they are serious, they must show they are willing to forego tee times and the "personal time" usually spent jawboning lobbyists and collecting re-election donations. At least, it is a start.
19 posted on 11/06/2003 9:23:48 AM PST by MarkT
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To: abnegation
I don't know, Ted Kennedy going 30 hours without booze will kill him.


Heck Teddy may not even be there..... Sounds like the Pubs want to try to schedule some orators to fill a thirty hours span.... That shouldn't be that hard for them to do....
20 posted on 11/06/2003 9:26:26 AM PST by deport
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