Democrats block two (new) judicial nominees

AP | 11/14/03 | JIM ABRAMS

[kattracks]

WASHINGTON (AP) — After 40 hours of nonstop talking organized by Republicans to protest filibusters on judicial nominees, Senate Democrats added two more Friday to the list of judges they have stalled successfully.

Democrats declared the longest uninterrupted Senate debate in 15 years a victory for their side. Republicans warned that the Democrats' methods could come back to haunt them.

In each of three successive votes Friday morning, Republicans secured 53 votes to advance the judicial nominees to a final confirmation vote. That was seven short of the 60 needed to overcome Democratic resistance.

As in similar confrontations on judges this year, the only Democrats to side with the 51 Senate Republicans were Sens. Ben Nelson of Nebraska and Zell Miller of Georgia.

Sen. Charles Schumer, D-N.Y., said Democrats were energized by the GOP-staged talkfest. "The other side seems to think they can just intimidate us," he said. "We are not going to let the president take the judiciary and move it out of the mainstream."

But Sen. Rick Santorum, R-Pa., said some Republicans already are plotting revenge for the day when a Democratic president tries to get his judges approved. His colleagues are saying, "We'll have our opportunity someday, and we'll make sure there's not another liberal judge. Ever!" Santorum said.

With votes of 53-42, 53-43 and 53-43, the Senate failed to move the nominations of Texas judge Priscilla Owen and California judges Carolyn Kuhl and Janice Rogers Brown to appeals court positions.

Bush, who met with the three nominees Thursday at the White House, said the Senate action "is inconsistent with the Senate's constitutional responsibility and is just plain wrong."

"Once again a partisan minority of senators has thwarted the will of the majority and stood in the way of voting on superb judicial nominees," he said in a statement.

It was the first such vote for Kuhl and Brown, increasing to six the number of appellate court nominations stalled by Democratic filibusters. The other four are Owen, defeated for a fourth time, Mississippi judge Charles Pickering, Alabama Attorney General William Pryor and Hispanic lawyer Miguel Estrada. Estrada dropped his nomination after losing nine filibuster votes.

Senate Majority Leader Bill Frist, R-Tenn., said that despite losing the votes Republicans, by holding the debate, had communicated "to people around the world that we today cannot accept the unprecedented" filibustering of judicial nominations.

Democrats defended their record of joining in the approval of 168 judges while objecting to only six. They also pointed out that during the Clinton administration Republicans used various other methods to keep Democratic-backed judges off the bench, including refusing to give nominees committee hearings necessary for the full Senate's consideration.

The appellate courts can be a steppingstone to a Supreme Court seat, increasing Democratic scrutiny of nominations in dispute. Democrats claimed they did not represent American public opinion or legal precedent on such issues as abortion, affirmative action and religion in public affairs.

The message to the president, said Sen. Debby Stabenow, D-Mich., after the three women nominees were rejected, is that "just because a nominee is wearing a skirt, ... it does not mean she respects the values and priorities of American women."

"The other side has now established a litmus test of political philosophy, and if they don't meet it, they don't cut it," said Sen. Larry Craig, R-Idaho.

The debate was originally scheduled to go 30 hours but was extended through a second night, to almost 40 hours, at the request of several junior Republican senators who wanted more time to talk. It was the longest continuous debate since a 57-hour marathon on Senate election campaign legislation in 1988.

Sen. Frank Lautenberg, D-N.J., said the talkathon had cost American taxpayers almost $82,000 an hour, or nearly $2 million a day, in Senate operating expenses. "This circus is not only wasting time, but also wasting taxpayer dollars," Lautenberg said.

Democrats were allotted half the debate time, using it both to defend their position on judges and assail the administration's economic policies.

[Callahan]

Too bad they couldn't go another 30 hours. Not sure old Frank would last that long.

[KantianBurke]

"This circus is not only wasting time, but also wasting taxpayer dollars," Lautenberg said.

Oh please. Since when does he care about the taxpayer except as an instrument for abuse? Nice to see btw how useful the 40hr talkathon went. A 3 Stooges marathon is more effective.

[gathersnomoss]

Filibuster on pubes. Shut down the government and watch the left squeal. Did anyone see that whinning Dem from Maryland last night. I thought she was well rehearsed. I wanted to puke.

[tysont]

"We'll have our opportunity someday, and we'll make sure there's not another liberal judge. Ever!" Santorum said.

That's laughable. If the Republicans ever tried to block judges the way the Democrats are right now, the liberal media would be all over them.

The leftist press would cover a Republican filibuster of liberal judges just as much as they're ignoring the Democrat filibuster of conservative judges.

[chimera]

We'll have our opportunity someday, and we'll make sure there's not another liberal judge. Ever!" Santorum said.

Too late. This is whistling past the graveyard. The 'Pubs had their chance with Ginsberg and Breyer and they played go along to get along and gave Clinton what he wanted. Now they're on the SC for life. The 'Pubs should have learned that playing the good loser only makes you a loser. They had a chance to fight then and didn't. Why would it be any different the next time around, filibuster notwithstanding (everyone will forget about that soon anyway, if they even think about it now)?

[Coop]

Yeah, you don't hesitate to come onto the threads and insult the GOP, yet I always seem to miss your solutions. Perhaps you could enlighten us?

[Salvation]

No wonder Schumer wanted to keep saying

1 6 8 -- 4


'Cause now it is

1 6 8 -- 6

And soon it will be


1 6 8 -- 10

Then

1 6 8 -- 20

And where will it stop?

[nuffsenuff]

So the sign will be "168-6" now, right?

Anyone want to venture a guess as to the potential for the 168 to turn into 169?

In a few months, I want the Republicans to do this again and FORCE the Dems to make a new sign. And then rip them a new one because the 168 hadn't changed.

[DouglasKC]

I don't know why they just don't make the the Democrats REALLY fillibuster, not threaten fillibuster.

[freeangel]

The only way we will ever see a centrist justice on a higher court now is if Pres. Bush has the balls to appoint them during recess. And he better "stack em" while he has the chance because the dims have made sure that this is the only process that will seat judges from now on. The dims are once again counting on republicans to act in a civilzed and traditional manner of accepting what they dictate. Unless Frist and Pres. Bush get the message that one "unprecedented" move deserves another, we are doomed.

[Bronco_Buster_FweetHyagh]

Republicans warned that the Democrats' methods could come back to haunt them.

Doubtful. If the Republicans were doing the same thing, they would be bashed daily in the media as obstructionists. And given our party's total lack of backbone the last 15 years, they would cave in due to media pressure, and engage in some other glorious "power sharing" type of deal.

It's time to play hardball. The Republicans are in charge of the White House, the Congress and the Senate. Where the heck are all the conservative actions? It's time to eliminate entire departments of government, eliminate social spending, and return money and power to the states.

[freeangel]

oops, civilzed=civilized. This just makes me so mad I can barely type or read right.

[Emily RN]

If I were President Bush I'd spend next year touring the country with two to three filibustered nominees, telling their stories and bringing out the voters. It would be one of my main campaign objectives. My goal would be to sport the longest coattails ever tailored when I walked back into that White House! At least for two years I'd have a filibuster-proof majority.

[nuffsenuff]

They don't have to be there because they know they have enough votes to prevent cloture.

So when the Dem yields the floor, the Republicans can call a vote to end the filibuster and lose anyway. So there's no point in them standing up and talking for hours on end.

Make sense?

[neverdem]

"The leftist press would cover a Republican filibuster of liberal judges just as much as they're ignoring the Democrat filibuster of conservative judges."

Who cares what the leftist media do anymore? This debate about judicial nominees is polarizing the Senate like nothing I've seen in a long time.

Chuckie Putzhead's brainstorm to make ideology a litmus issue could be a true gift as far as the long sought comity of the Senate is destroyed, and the Pubbies in the Senate wake up.

If the Senate remains deadlocked and can't advance any more "progressive" legislation, then I say thank G*d!

[KantianBurke]

Be glad to. Have Bush recess appoint Judge Bork types. Claim such appointments will continue till the Rats give in. Have Bush campaign in the home states of the obstructed judges particuarly if it will be a battleground state in 04. Tie any Rat legislation to allowing votes. And that's just a start. All of which can be and should be done independently of the Senate due to their spinelessness and the RINOs. Its in Bush's hands.

[superloser]

Recess appointments.

'nuff said.

[Coop]

If I were President Bush I'd spend next year touring the country with two to three filibustered nominees, telling their stories and bringing out the voters. It would be one of my main campaign objectives. My goal would be to sport the longest coattails ever tailored when I walked back into that White House! At least for two years I'd have a filibuster-proof majority.

That's kind of what they're doing, though perhaps a little more low key. But Pickering wasn't just accidentally put back up for a vote the week before the MS governor election.