The Democrats' filibuster

Washington Times | 12/29/04

[kattracks]

Two days after he won re-election by more than three million votes and helped to increase the Republican Senate majority from 51 members to 55, President Bush told reporters that he had earned "political capital" in the campaign, adding: "[N]ow I intend to spend it." It should hardly be surprising, therefore, that one of his first actions following his solid victory will be the renomination of 20 federal judges whom the Senate failed to confirm during the president's first term.

[snip]

Indeed, the president's coattails played an indispensable role in ousting Senate Minority Leader Tom Daschle of South Dakota, the leader of the filibuster campaign whose judicial obstructionism played a major role in his electoral defeat.

[snip]

A review of Senate history illustrates just how unprecedented the Democrats' filibustering campaign against judicial appellate nominees has been. The Senate established cloture, or the right to end debate, in 1917 by passing Rule 22.

[snip]

According to a Congressional Research Service report, "Cloture Attempts on Nominations," which was updated Dec. 11, 2002: "Until 1949, cloture could not be invoked on nominations. From 1949 through 2002, cloture was sought on 35 nominations, and invoked on 21. Only three of the 35 nominees were not confirmed."
    From 1949 through 2000, cloture was sought on only 13 judicial nominations, ...In 12 of those 13 instances, the judicial nominee was eventually confirmed.

    Thus, cloture was sought on only 13 judicial nominees during the 51-year period from 1949 through 2000. During President Bush's first term, however, cloture has been sought on 14 judicial nominations.

[snip]

Democrats have successfully filibustered 10 of the 45 circuit court nominations by President Bush that have made it to the Senate floor. That's more than 20 percent. It is a campaign that has been as unprecedented as it has been outrageous.

[Mister Baredog]

GRRRRRRRRR!!!

[Lancey Howard]

(Cross-posting)

GO NUCLEAR! (Response to NRO Editorial)

[26lemoncharlie]

Dems lose more seats in the House and Senate, GOP to have SUPER MAJORITY in BOTH HOUSES!!!

[ItsForTheChildren]

And we would have no idea what to do with it.

[26lemoncharlie]

Yea your probably right! Especially with the Propeller Heads and Spineless Wimps like Frist and Hatch!

[Puzzleman]

There is an interesting article that talks about the procedure which will probably be followed to invoke the "nuclear option." It says:

"The nuclear option would begin with Frist taking the Senate floor to seek a ruling from the presiding officer, likely to be Vice President Dick Cheney in his role as Senate president, to determine whether judicial filibusters violate the Constitution.

"Cheney's affirmative response would initiate a vote on changing the filibuster rule which also would be subject to a filibuster unless Cheney over- rules the Senate parliamentarian on whether normal debate rules apply. Then, only 51 votes would be needed for approval."

Here's the link.

[Blast_Master]

I would like the address the judicial stagnation issue.

Bush should, during this recess, appoint all the federal judgeships that are outstanding. Also, he should convince Rheinquist to step down for health reasons immediately and appoint a Supreme Court Justice during this recess as well. Two Supreme Court justices received recess appointments. President Dwight D. Eisenhower put William Brennan and Earl Warren on the high court that way. And Justice Thurgood Marshall worked his way to the Supreme Court after President John F. Kennedy used a recess appointment to place Marshall on the Second Circuit of the U.S. Court of Appeals.