Posted on 06/20/2003 2:47:40 PM PDT by webber
ISSUE: As you probably know by now, everyone is buzzing about the possibility that at least one -- and maybe two or three -- Supreme Court justices are likely to retire in the next month, giving President Bush the opportunity to finally establish a solid conservative majority in that long-liberal institution.
But what many are NOT discussing is the fact that, as things stand now, the President won't stand a chance of actually getting ANY Supreme Court nominee through the radical Left's Senate gauntlet. That's because:
(1) the liberal Senators have so far successfully implemented filibusters against several of President Bush's lower court nominees and haven't been stopped, and
(2) the leaders of these Senate liberals are now even boldly demanding that President Bush nominate ONLY the people THEY suggest to him!
Do you get it? As things stand right now, there is NO WAY our President could get a new conservative Supreme Court justice approved. Under current Senate filibuster rules, obstructionist Democrats can continue to block his nominees.
Well, now we have a chance to change all that. Senate Republican leaders are considering a bold, new approach to get the President's judicial nominees confirmed. Pundits are calling it one of the "nuclear options" for the nominating process.
Recently, Senate Majority Leader Bill Frist (R-TN) introduced a resolution amending Rule 22, which governs the filibuster. Sen. Frist's resolution seeks to gradually lower the threshold required to break a filibuster on executive nominations, starting at the current 3/5th supermajority of 60 votes on the first cloture motion, then 57 votes on the second, 54 votes on the third, and finally just 51 votes on the fourth cloture motion to end debate and force a vote on confirmation.
If this change had been in effect at the beginning of the year, Miguel Estrada would have been confirmed in March, when a third cloture motion received 55 votes. As it currently stands, we've now lost at least six cloture vote on Estrada as well as at least two vote on Priscilla Owen.
As noted by Gary Bauer (cwfpac.org), "this is a bold step for Senator Frist and the GOP leadership. Senate Democrats will no doubt scream and holler about how Republicans are trashing the 'rights of the minority,' and Robert Byrd will pontificate endlessly about the prestige and traditions of the Senate being torn asunder."
Sen. Frist deserves tremendous credit for advancing this proposal. There is no way -- after committee hearings and four subsequent cloture votes and all the debate in between -- that anyone can claim a nominee had not been sufficiently debated. This is a balanced approach that preserves the traditions of the Senate, while protecting the right of the President to make appointments and the obligation of the majority to govern.
Ironically, Frist's rules change is modeled after a plan originally proposed by leading Senate liberals, Tom Harkin of Iowa and Joe Lieberman of Connecticut! The difference is that Frist's plan only applies to executive appointments, whereas the Harkin/Lieberman proposal was sweeping and would have also applied to regular legislation. Nine currently serving Senate Democrats supported the Harkin/Lieberman change to the filibuster.
They, as well as all of their colleagues, need to be overwhelmingly encouraged to support Frist's more narrowly crafted measure.
And that's where YOU come in.
Together, we can make a difference NOWin the nomination process, to ensure easier approval of Pres. Bush's upcoming Supreme Court nominations.
ACTION ITEM: Every single Senator -- Republican, Democrat, Independent -- needs to be *inundated* with messages from Americans across the nation, demanding that they support this bipartisan rule change so that the Senate's Constitutional duty to "advise and consent" in the judicial nomination process can finally be carried out.
The radical minority of leftist Senators that have so far successfully obstructed President Bush's highly-qualified conservative nominees needs to be brought down, and the business of the U.S. Senate needs to be completed. Americans need to make their voices heard... LOUDLY.
And ConservativeAlerts.com has set up just the way for you to do that.
You can send contact your Senators for FREE at ConservativeAlerts.com: CONTACT YOUR SENATORS -- every single one of them! -- telling them to support Sen. Frist's resolution amending Rule 22, which governs the filibuster.
You can also send faxes to all of them @: CLICK HERE
NOTE: If all of the Senators find their computors filled with a sea of e-mail in the next 2 weeks before heading home for their July 4th recess, demanding that they support Sen. Frist's resolution amending Rule 22, then we could finally see an end to the "judicial armageddon" imposed by the Daschle Democrats for the last two years, and set the stage for President Bush to see future conservative Supreme Court nominees actually pass through the Senate.
WE CAN FINALLY WIN THIS!
We'll need a concerted demonstration of solidarity to force the Senate to act, though. Send your "e-mail" to EVERY SINGLE U.S. SENATOR *TODAY* -- and be sure to forward this e-mail to everyone you know that wants to help make sure President Bush's judicial nominees finally receive the up-or-down vote they deserve.
Contact your Senators for FREE at: CLICK HERE
OR send faxes @: CLICK HERE
Thank you!
ConservativeAlerts.Com
Clarence Thomas for Chief Justice.
If a Supreme Court justice retires, it is traditionally announced at the end of the Court's term, to give the President the chance to appoint a new justice before the new term begins. (The Court's current term ends next Monday.)
The 3 Justices most likely to retire, due to their age and health, are Rehnquist, O'Connor and Stevens.
However, retirements seem unlikely to me this year, because the Court announced an unusual September session to hear the Campaign Finance case. (The Court's term usually doesn't start till October.)
Interesting point. If they care about the case, they should want to help decide.
Can a Justice announce his retirement but stay on the court until his successor is confirmed, or must the retiree announce when his last day will be? If 3 retire, the SC may shrink to 6 Justices for a long time, if the Senate continues its obstructionism.
There's no law against it, but it's not usually done that way. If I remeber correctly, the last Justice who tried to do that was Earl Warren, and he was roundly criticized by the Republicans for doing so.
Ironic, in that Stevens used to be a Republican, and was appointed to the Court by a Republican president. he was actually considered a "moderate" justice then -- and, compared to Brennan and Marshall, he was. Shows how far the Court has moved.
Well, then, let me explain it to you. Bush has nominated, what, 125 judges? Of which 123 have gotten a vote. Leaving a grand total of 2 judges that have been filibustered. Most Americans are going to look at that and say, "Hey, he's gotten >98% of what he's wanted. What's the problem?"
I'm not advancing this because I expect you to agree with that viewpoint, or to argue it's merits or the Constitutionality of the filibusters. I'm saying that this is the attitude most Americans will take. They won't see blocking 2 of 125 judgeships as being a huge deal.
If you were dealing with rational people, it is hard to believe that the Dems would not pay a price. However, less than one half hour ago, one of my colleagues told me he thought the the Bush II admisistation is the most "dangerous government in 400 years." He is a liberal and at first I thought he was saying this just to be sarcastic. However, he truly meant it. Like other hardcore democrat voters, I am sure that sees the Dems as the only thing saving civilzation from the capitalist barbarians
I agree with you on this.
But the judges appointed would only sit for a year, not for life terms.
Bush's choices are two:
1) More David Souters.
2) Let the nominations stall, let the USSC work with seven (or six) justices, and campaign like hell for a better Senate.
I think the voters are on our side on this issue.
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