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***THREAD 2: UPDATED FR HELP REQUESTED for Senate Judiciary Filibuster next Wed/Thurs.!!***
11/10/03
| Diotima
Posted on 11/10/2003 9:57:37 AM PST by diotima
Stop the Democrat obstruction of Bush's Judicial Nominees!!
Republican Marathon starts this Wednesday, 6pm
|
What you can do: 1. Write letters to the editor of your local paper 2. Call in local talk radio 3. Email, call or fax letters of support to your Republican senators for standing up against democrat obstruction 4. Email, call or fax letters to your Democrat senators demanding the obstruction stop 5. Email, call, fax Sen. Frist letter of support for leading the fight 6. Attend the filibuster if you are in the area, gallery seating is open to the public! 7. Special events are being planned. Watch these threads for more details. |
TOLL FREE Senate Switchboard 1-800-648-3516 Support Bill Frist Email phone 202-224-3344 fax 202-228-1264 |
TUESDAY, 5pm Chuck Muth and Kay Daly on Radio Free Republic, scheduled guest Orrin Hatch (subject to Hatch's schedule)
Radio FreeRepublic will be broadcasting live from the Judicial Marathon and conducting interviews.
TOPICS: Activism/Chapters
KEYWORDS: filibuster; judicialnominees; liberals; marathon; northcarolina; obstruction; oldnorthstate; senate
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1
posted on
11/10/2003 9:57:38 AM PST
by
diotima
Why Not Go 24/7 on Judges?
The Issue: Republicans are permitting Democrats to get away with a “gentlemen’s filibuster” on the judicial confirmations. But to win, Republicans must force Democrats to talk 24/7 until they break.
Response: Despite conventional wisdom “Mr. Smith Goes to Washington,” a “bring-in-the-cots” counter-measure has never been successful in breaking a filibuster. This is true even in their hey-day, when Democrat Majority Leaders fought southern Democrats. Only compromise has stopped a filibuster, and, in other cases, those who filibustered prevailed. Moreover, the 24/7 counter-measure is not what many think it would be under the Senate rules. It is impossible to force Democrats to “talk till they drop” or “read from the phone book.”
1. It’s impossible to force Democrats to talk about a nominee beyond the first three hours of the legislative day. After that, they can talk about the war, the economy, or anything they want.
2. If Democrats tire of talking, they can simply suggest the absence of a quorum, which requires 51 Senators to show up to continue conducting business. If a quorum does not appear, the Senate must adjourn or at least suspend its proceedings until a quorum is established.
Consider this scenario: Democrats run out of things to say about a judge at 11 p.m. The Minority Leader suggests the absence of a quorum:
• Option A: Not enough Senators respond. The Senate is "stuck," and it must adjourn. Under this scenario, both parties sleep soundly through the night.
• Option B: A quorum is produced because all Republicans show up (Democrats can keep sleeping) and then debate on judges resumes. Under this scenario, Republicans are awake, and Democrats sleep. This works to the advantage of the filibustering Senators, so the burden rests on the Majority to ensure that the constitutional quorum requirement always can be met.
• Option C: Not enough Senators respond and the Sergeant At Arms is dispatched to bring absent Senators to the Chamber to vote. Once the quorum is produced, debate resumes. But at 2 a.m., the Democrats again note the absence of a quorum and once again the Republicans are back to Options A, B, or C.
According to Stan Bach of the Congressional Research Service (Filibusters and Cloture in the Senate, 1/17/01):
“… late-night or all-night sessions put as much or more of a burden on the proponents of the question being debated than on its opponents. The Senators participating in the filibuster need only ensure that at least one of their number always is present on the floor to speak. The proponents of the question, however, need to ensure that a majority of the Senate is present or at least available to respond to a quorum call or roll call vote. . . . This works to the advantage of the filibustering Senators, so the burden rests on their opponents to ensure that the constitutional quorum requirement always can be met.”
Therefore, all-night counter-filibuster measures, while possibly great drama, are, in truth, maintained by the Majority, not the filibustering minority. Democrats may not show up for quorum calls, but Republicans need to stay up for nights on end to keep the Senate in session around the clock. Additionally, there may be long, drawn-out quorum calls in the middle of the night rather than Democratic Senators reading from the phone book and laboring to stay on their feet. So it doesn’t look as dramatic as what Hollywood did with “Mr. Smith.”
24/7 is a tactic for a sprint strategy, not a long distance run. Of course, a sprint sometimes has its purposes in the middle or at the end of even the longest races…
2
posted on
11/10/2003 9:59:49 AM PST
by
diotima
(I don't get enough freepmail.)
To: diotima
Bumping.
3
posted on
11/10/2003 9:59:59 AM PST
by
abner
(In search of a witty tag line...)
Summary of the Frist-Miller Filibuster Reform Proposal
Prepared by the Office of Senate Majority Leader Bill Frist, M.D.
S. Res. 138 tracks the normal procedure to cut off a filibuster with several exceptions:
1. Applies only to nominations
2. Cloture cannot be filed until a nomination has been pending for 12 hours
3. Cloture requirements decline on succeeding votes: 60, 57, 54, 51, and finally a simple majority of those present and voting
4. A follow-up cloture motion cannot be filed until disposition of the prior cloture motion
The Reason for the Reform Proposal
The Democratic Minority in the 108th Congress has dramatically changed the norms on confirming judicial nominees brought to the floor. Prior to this year, the record number of cloture votes on a judge was two. On DC Circuit Court nominee Miguel Estrada, the Senate had seven cloture votes.
Prior to this year, no judge brought to the floor failed on a filibuster. There was one failed cloture vote on Abe Fortas for the Supreme Court in 1968 (a vote of 45-43). From statements subsequently put in the Record, it is highly questionable whether Fortas enjoyed majority support. After the one vote, Fortas asked that his name be withdrawn.
This year, four nominees with majority support have thus far failed due to filibusters (Miguel Estrada, Priscilla Owen, William Pryor, and Charles Pickering), and filibusters are threatened on many more.
The declining vote mechanism permits substantial debate, but allows the Senate to come to a decision, and restores the norm of not filibustering judges.
S. Res. 138 was reported from the Rules Committee in June with unanimous Republican support. We are proceeding through the regular order. (This is not the constitutional option.)
4
posted on
11/10/2003 10:00:39 AM PST
by
diotima
(I don't get enough freepmail.)
Highlights of the Cloture Vote
In the U.S. Senate
Prepared by the office of Senate Majority Leader Bill Frist, M.D.
Current Cloture: the motion to shut off debate requires 60 votes. If a cloture vote passes, 30 additional hours of consideration are in order prior to moving to a final up-or-down vote on the nominee.
1789 – The Senate permits debate to be shut off by a simple-majority vote
1806 – The Senate eliminates the ability to shut off debate
1841 – Henry Clay (W-KY) unsuccessfully proposes reinstating simply-majority vote to shut off debate
1850 – Stephen Douglas (D-IL) unsuccessfully proposes reinstating simply-majority vote to shut off debate
1890 – Nelson Aldrich (R-RI) unsuccessfully proposes to curtail debate by majority vote
1917 – Thomas Martin (D-VA) proposes first successful cloture rule, applicable to “pending measures,” with requirement of 2/3 present and voting
1925 – Oscar Underwood (D-AL) unsuccessfully proposes reinstating simply-majority vote to shut off debate
1949 – Carl Hayden (D-AZ) successfully proposes to extend cloture to “any measure, motion or other matter,” but cloture made inapplicable to motions to consider rules changes and cloture requirement raised to 2/3 of all Senators
1959 – Lyndon Johnson (D-TX) successfully proposes lowering voting requirement to 2/3 present & voting, and cloture is made applicable to motions to consider rules changes; language inserted in the Standing Rules that the Senate is a continuing body and rules changes must follow the procedures of the Standing Rules (now Rule V)
1975 – Robert Byrd (D-WV) successfully proposes lowering voting requirement to 3/5 (60 votes), with 2/3 present & voting for rules changes
1979 – Robert Byrd successfully proposes 100-hour post-cloture limit on consideration
1986 – Bob Dole (R-KS) and Byrd successfully propose lowering post-cloture consideration to 30 hours
2003 – Majority Leader Bill Frist joins with Zell Miller (D-GA) to propose cascading cloture votes to stop filibuster of nominations
5
posted on
11/10/2003 10:01:21 AM PST
by
diotima
(I don't get enough freepmail.)
A Brief History of the Cloture Vote
on Presidential Nominations
Prepared by the office of Senate Majority Leader Bill Frist, M.D.
The cloture rule has been applicable to nominations since 1949.
From 1949 until 2002, cloture had been filed on 35 nominations – 17 judicial nominees and 18 executive nominees.
Of the 17 judicial nominations, cloture was successful on the first attempt in 11 cases. All these nominees were confirmed.
On the remaining 6 judicial nominations where cloture was not invoked on the first attempt, all were nevertheless confirmed, except for Abe Fortas to the position of Chief Justice of the Supreme Court in 1968. Fortas was blocked because of ethical allegations, not judicial philosophy.
• Fortas had one unsuccessful cloture vote.
• In addition, J. Harvie Wilkinson was confirmed in 1984 to the Circuit Court of Appeals following a successful cloture attempt on the second try.
• A 1971 cloture vote on William Rehnquist to be Associate Justice of the Supreme Court failed. A second cloture motion was filed, but was rendered moot because the nominee was confirmed before the second cloture motion ripened.
As to Executive nominations, cloture has been invoked 10 times in 18 attempts. All nominees on whom cloture was invoked (6 on multiple attempts) were confirmed. Of the 8 nominees on whom cloture failed, only two were not confirmed:
• Sam Brown, Ambassador 1994 (3 cloture attempts)
• Henry Foster, Surgeon General 1995 (2 cloture attempts)
Note: No filibuster has ever been broken by forcing opponents to continuously debate a measure.
6
posted on
11/10/2003 10:03:08 AM PST
by
diotima
(I don't get enough freepmail.)
To: dittomom; LinnieBeth; conniew; Entropy Squared; bert; calypgin; Peacerose; Bryan; MooCollins; ...
ping!
7
posted on
11/10/2003 10:04:29 AM PST
by
diotima
(I don't get enough freepmail.)
To: diotima
You have FReepmail!
8
posted on
11/10/2003 10:06:09 AM PST
by
abner
(In search of a witty tag line...)
To: MeeknMing; JohnHuang2
Can you use your ping lists?
Thanks!
9
posted on
11/10/2003 10:06:44 AM PST
by
diotima
(I don't get enough freepmail.)
To: diotima
Allow me to supply a little additional info here. Best to use these on the day of the blitz.
Majority Senate Judiciary room phone: 1-202-224-5225 or fax at 1-202-224-9102
Minority Senate Judiciary room phone: 1-202-224-7703 or fax at 1-202-224-9516
To: anniegetyourgun
excellent!
11
posted on
11/10/2003 10:08:44 AM PST
by
diotima
(I don't get enough freepmail.)
To: diotima
Why can't Bill Frist just say we will not be recessed for a Holiday Vacation until we at least have a vote for the Judges?
To: Interesting Times; Nick Danger; MinuteGal; DoughtyOne; Seeking the truth; Skeet; The Shrew
ping!
13
posted on
11/10/2003 10:11:44 AM PST
by
diotima
(I don't get enough freepmail.)
To: diotima
BUMP
To: diotima; rintense
BUMP....and maybe you could ping on this, rintense?
15
posted on
11/10/2003 10:18:50 AM PST
by
goodnesswins
(We are living in fantastic times....the breakup of the US Commie Party is in progress)
To: diotima
Sample Letter/Fax/Email to Democrats Dear Senator__________________ ,
I have been watching the slow, painful deterioration of our judicial nomination process for the past several years. It is time for certain Senators, particularly those on the Senate Judiciary Committee, to stop obstructing a fair up and down vote on the President’s judicial nominees. Men and women of outstanding character and experience are being unjustly held hostage to what amounts to a narrow ideological litmus test imposed on the majority by a few.
Unless it stops immediately, I will be talking to my voting friends, neighbors and relatives and letting them know that this important Constitutional process is being abused and we as Americans shortchanged for partisan political reasons.
Stop the insanity. Allow these nominees a clean and fair vote on the Senate floor.
Sincerely,
16
posted on
11/10/2003 10:24:11 AM PST
by
Bob J
(www.freerepublic.net www.radiofreerepublic.com...check them out!)
To: diotima
Rick Santourum said I believe on Rush that breaking the Fillibuster was not the problem. There are procedures already worked out to solve the filibuster problem.
The going to the mattresses is the opposite of the solution required in the present circumstances. The continuous fillibuster is designed to prevent a cloture vote. The cloture vote has been called and lost several times. A cloture vote can be called anytime but will fail because there are not 60 yeahs.
The procedure noted by Sen Santorem above will bypass colture vote and will require only a simple majority of 50 votes. The Repblicans don't have those 50 votes. The procedure has been discussed in detail but the simple fact is there are not enough votes for passage. The vote involves an interpretation of Senate rules such that Presidential confirmations are not subject to a cloture vote and must be brought to the floor a sa constitutional absolute. There are enough Republican Senators in opposition to prevent even that procedure.
If you want to bring some change, you should get on the phone and demand a list of those Republicans who will not vote for the noted procedure. Then apply lots of heat to those Senators.
17
posted on
11/10/2003 10:24:42 AM PST
by
bert
(Don't Panic!)
To: bert
btt
To: diotima; Interesting Times; Nick Danger; The Shrew; MinuteGal; abner; Seeking the truth; Skeet; ...
ping
19
posted on
11/10/2003 10:27:04 AM PST
by
Bob J
(www.freerepublic.net www.radiofreerepublic.com...check them out!)
To: diotima; Interesting Times; Nick Danger; The Shrew; MinuteGal; abner; Seeking the truth; Skeet; ...
ping
20
posted on
11/10/2003 10:27:50 AM PST
by
Bob J
(www.freerepublic.net www.radiofreerepublic.com...check them out!)
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