Where’s the GOP Backbone in the Senate?

Seamax News ^ | 10/29/2003 | Brendan Lantry

[Hugenot]

In the ongoing battle to nominate experienced, capable, and, dare we say, diverse candidates to the judiciary that will interpret the Constitution and not attempt to re-write it, the Bush administration and Republicans in the Senate have gone only half way to completing the process.

Democrats led by Charles Schumer and Ted Kennedy blocked and filibustered the nomination of Miguel Estrada (an Hispanic American) over a 22 month span, to the point where he removed himself from the nomination. Now, a similar battle is looming for the nomination of Janice Rogers Brown (an African American).

President Bush should be commended for nominating judges like Miguel Estrada and Janice Rogers Brown to the D.C. Circuit Court.

Why are the Democrats fighting these nominations so bitterly?

Reason #1: The D.C. Circuit Court has been at times a “feeder” court for nominees to the U. S. Supreme Court. Judges Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg served on the D.C. Circuit Court. Democrats don’t want to see non-liberal minority faces in high judicial positions, that is judges who will not legislate the liberal agenda from the bench.

Reason #2: The use of the filibuster in blocking these nominations is preventing an “up and down” vote on the nominations. Ted Kennedy and Chuck Schumer do not have the votes to win an straight vote, so they found a way for Democrats to obstruct the process.

It takes a majority vote (at least 51) to pass a nomination, which the Republicans have, but Senate rules require 60 votes to break a filibuster, which the Republicans do not have. So, Democrats can continue to hide behind their obstruction.

It’s about time that Republicans make the Democrats stay in the Senate and debate the issue in a true filibuster and carry it on MSNBC, Fox News, or CNN. Make Chuck Schumer and Ted Kennedy and their ilk put a public stamp on their opposition by forcing a vote for this nomination once and for all. It would be good to finally see the Republicans in the Senate make the Democrats sweat a little under the glare of the TV lights.

[jimkress]

GOP backbone = oxymoron

[dts32041]

They will let you know when they have found it, after the demorats, tell them they can use it.

[xzins]

Given the current makeup of the Senate, the reason no real full court press has been initiated by Sen Maj. Ldr Frist is because he knows that the Rino Repub's will vote against him if it does come to an up or down vote.

The dem filibuster is providing cover for the Rino Republicans who are pro-abortion, anti-gun, pro-taxnspend. The last thing they want is a constructionist judge.

[scooter2]

Congress critters are like water. They always take the path of least resistance.

[ScreenName1]

It seems like the Republicans don't have the gonads for this. I am glad for groups like Judicial Watch that do have some cojones.

The Republicans have shown their true colors in not supporting Judicial Watch's court fight to have the filibusters ruled unconstitutional.

If the leftists use the courts to get their way why don't we do likewise? I think we should, especially since we are correct in this case.

You can read about it on Judicial Watch's website.

The story is titled:

JUDICIAL WATCH GOES TO COURT TO BREAK THE FILIBUSTERS OF JUDICIAL NOMINEES

Federal Court Judge Asked to Rule Judicial Filibusters Unconstitutional

[asformeandformyhouse]

Where’s the GOP Backbone in the Senate?

Probably buried with Hoffa's body.

[AMNZ]

A Lott was not enough. Now they are on the Frits.

[TheBigB]

FRIST: "WE WANT A VOTE!!!"

Kennedy: "No."

Frist: "Okay."

[FreedomSurge]

I believe someone named Waldo has hidden it? Just where is Waldo? I want to know.

[InterceptPoint]

The Dems have won this round and nothing will change until the Republicans win a few more seats.

1. It takes 50 Republicans seated and 1 Democrat speaking to hold a formal filibuster. This will never happen for more than a few days and it will accomplish nothing but getting a little (and I think very little) attention from the major media.

2. It takes 100% of the Republcans to vote to change the 60% rule for judicial approval back to 50%. I don't think Frist has the 50 Republican votes that he needs.

Unless they can have Cheney as the nominal head of the Senate declare a 50% rule then the situattion is hopeless. There is no viable nuclear option.

Given all of this I still think Lott and Lott Junior (Frist) are Wimps of the First Magnitude (WFMs).

[AbsoluteJustice]

This has absolutely nothing to do with RINO Republicans. This has to do with the fact that Demonrats are not even allowing it out of committee to allow a full vote. Even if what you say is true, which is not, RINO's have nothing to do with what is taking place right now. Furthermore the judeges Bush has put up have already been said they would get the nomination if they ever made it to the floor.

This has EVERYTHING to do with republicrats and their lack of a backbone. Frist is no leader he is another yes man shrill. I have lost all faith in ANY republicrat. they are a part of the system. The system of big spenders and no constitutional guidance. Then again after watching this you have to ask why do we have a constitution?

[Saundra Duffy]

Don't even get me started . . . .Ask Miguel Estrada.

[discostu]

It's not time yet. That time is next year before the election when it will help us kick out more Democratic senators by showcasing their obstructionism.

[xzins]

Nope, the Rinos are having an impact behind the scenes and apparently Frist has gotten the message. (Probably why he is disheartened and talking of not running for another term.)

See this link to article from yesterday on FR by ROBERT NOVAK and Townhall. Scroll to 2nd last paragraph.

Gop Judges

All this refocusing is intended to set the scene for a bitter battle in next year's session of Congress. At that time, an effort may be made to rule out of order a filibuster against judicial nominations -- the "so-called" nuclear solution. This would require only 51 votes, but Frist does not even have that many today because of reluctance to tamper with the traditions of the Senate.

[VRWC_minion]

60 is always greater than 51. Most of you folks are living in fantasy land.

[AbsoluteJustice]

THX for the link.

[AbsoluteJustice]

The problem is is that a filibuster of Judicial nominees is unconstitutional. There are only a FEW instances (thinking only 4) in which a super majority vote is needed (the 60%). Judicial nominee process is not one of those instances. Demonrats are using the super majority rule to block judicial nominees from making the Senate floor for an up or down vote. The judges that Bush has put up there to have a vote would get the 51 votes needed if it were to go to a vote. the problem is is that they have not made it out of committee. This is not only unconstitutional but against the law. The Senate is REQUIRED by the constitution to either give a thumbs up or down vote on judicial nominees. Demonrats are throwing childish temper tantrums as a result of losing both the house and the Senate. The public is ignorant ignorant ignorant on how their government is supposed to work. The people voted to put republicans in full charge of both houses. This gives the president the power to nominate judges to go for review for a full vote from the senate. The people WANT the judges in office as is apparent from the last election.

[AbsoluteJustice]

"Most of you folks are living in fantasy land. "

What do you mean by this comment?

60 is unconstitutional as I have posted above in another post. That is called super majority and does not apply but to only rare rare occasions as is dictated by the constitution. This is not one of those occasions.

[VRWC_minion]

The constitution allows the senate to create the rules for voting. If the majority agrees to those rules then its constitutional. The majority agreed that filibusters take 41 votes to close.

Welcome to fantasy land.