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Frist's warning
The Washington Times ^ | 11/12/04 | Greg Pierce

Posted on 11/12/2004 7:07:37 AM PST by Pfesser

With the pressure now on to break filibusters, Senate Majority Leader Bill Frist last night told the Federalist Society that Democrats face a choice — either stop, or face a rules change that will make judicial filibusters a thing of the past.

"The Senate now faces a choice — either we accept a new and destructive practice, or we act to restore constitutional balance," Mr. Frist said in prepared remarks he was set to deliver to the group of conservative legal minds in Washington last night. "One way or another, the filibuster of judicial nominees must end," he said. "The Senate must do what is good, what is right, what is reasonable and what is honorable. The Senate must do its duty."

Mr. Frist last year introduced a rules change for judicial nominations in which each successive vote would reduce the number necessary to defeat a filibuster. The first time a filibuster was voted on, 60 votes would still be required, but the second time would take 57 votes, the third time 54, the fourth time 51, and the fifth time a simple majority.

Before the election Mr. Frist, Tennessee Republican, had predicted that a pickup of three or four seats, though still leaving Republicans shy of the 60 votes needed to guarantee an end to filibusters, probably would persuade Democrats to stop filibustering anyway.

(Excerpt) Read more at washtimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; Politics/Elections
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A demorat's promise to stop is as usless as an Arafat brain transplant. Frist should go ahead and change the rules.
1 posted on 11/12/2004 7:07:38 AM PST by Pfesser
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To: Pfesser

Didn't a confirmation require a simple majority at one time?


2 posted on 11/12/2004 7:11:06 AM PST by Slyfox
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To: Slyfox

Yes but they can filibuster to stop a vote.

Does anyone know when the first Supreme court nominee was filibustered?

First Federal judge??


3 posted on 11/12/2004 7:14:10 AM PST by Nov3 ("This is the best election night in history." --DNC chair Terry McAuliffe Nov. 2,2004 8p.m.)
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To: Pfesser

For any Constitutional/Congressional scholars out there, could someone please give me a nutshell version of what a rules change entails? Can it simply be done in comittee, without Dems being able to circumvent with a Daschle like maneuver, or does it take full legislature introduction subject to a fillibuster itself. Thanks for any info from the lazy guy.


4 posted on 11/12/2004 7:14:38 AM PST by 101st-Eagle
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To: Pfesser

If he stops them -- makes you wonder if the dims would even show up for the next 2 years.


5 posted on 11/12/2004 7:16:00 AM PST by Naspino (Not creative enough to have a tagline.)
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To: Naspino

[Naspino]
> If he stops them -- makes you wonder if the dims would even
> show up for the next 2 years.

:) Oooh, don't tantalize me like that, so early in the morning...!


6 posted on 11/12/2004 7:18:44 AM PST by paladinan (Rule #1: There is a God. Rule #2: It isn't you.)
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To: Pfesser

Forget the Specter nonsense, change the rules on filbusters and add one more seat to the committee and Specter is a nonfactor


7 posted on 11/12/2004 7:19:36 AM PST by jbwbubba (Will we be a nation based on hate or Faith)
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To: 101st-Eagle

I believe a rule change requires a simple up or down vote of the full Senate and rule changes are not subject to a filibuster. However, most Senators, even Republicans, like the filibuster. Republicans fear that they may need it one day.


8 posted on 11/12/2004 7:21:38 AM PST by Pfesser (Georgia: The 1st Red State called.)
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To: Nov3
Isn't Congress required by the Constitution to give the President its "advice and consent" on nominations? That it must give him a yea or nay on his candidates?

A filibuster on these candidates gives the President nothing. That's not the way I read Article II, Section 2.

9 posted on 11/12/2004 7:23:22 AM PST by robertpaulsen
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To: Pfesser
According to the above, this rule change would apply to judicial nominations only.

"Mr. Frist last year introduced a rules change for judicial nominations in which each successive vote would ..."

10 posted on 11/12/2004 7:25:17 AM PST by robertpaulsen
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To: Slyfox
"At one time" no filibusters were allowed in the Senate.

That was changed in the early 1800's.

11 posted on 11/12/2004 7:25:32 AM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice.. NOT Hillary Rodham Clinton ")
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To: robertpaulsen

I agree. I believe that to filibuster a Presidential nominee, as opposed to a law, is unconstitutional. But it doesn't matter what I think. It only matters what the SC thinks.


12 posted on 11/12/2004 7:26:06 AM PST by Pfesser (Georgia: The 1st Red State called.)
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To: robertpaulsen

Your right. Thanks. Then, maybe, this would pass.


13 posted on 11/12/2004 7:27:52 AM PST by Pfesser (Georgia: The 1st Red State called.)
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To: Naspino
makes you wonder if the dims would even show up for the next 2 years.

Kerry won't.

14 posted on 11/12/2004 7:29:16 AM PST by Dominus Vobiscum
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To: Pfesser

["The Senate must do what is good, what is right, what is reasonable and what is honorable. The Senate must do its duty."]

Somehow I just don't picture Democrats shaking in their boots by that statement. I am praying for Frist to have a backbone. One way he can show democrats he means business is to not allow Specter as Chair of the Judiciary.


15 posted on 11/12/2004 7:29:28 AM PST by Taggart_D
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To: Pfesser
It requires the vote of 2/3 of those present to amend the rules.

However in 1975 the cloture rule was amended by the majority voting to overrrule a ruling by the chair. There was so much consternation at the method, that that rule change was re-changed by a vote of 2/3 of those present.

The majority party that changed the cloture rule by majority vote in 1975?
The Democrats.

16 posted on 11/12/2004 7:31:55 AM PST by mrsmith ("Oyez, oyez! All rise for the Honorable Chief Justice.. NOT Hillary Rodham Clinton ")
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Comment #17 Removed by Moderator

Comment #18 Removed by Moderator

To: mrsmith
It requires the vote of 2/3 of those present to amend the rules.

As has been mentioned on another thread, it is unconstitutional for one session of the Senate to bind a future session and restrict its ability to conduct business. The only limits on any session of the Senate are in the Constitution. Each Senate must (should) ratify its rules for that session by a majority.
19 posted on 11/12/2004 7:38:42 AM PST by BikerNYC
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To: Pfesser

Bullshit. Frist hasn't the balls.


20 posted on 11/12/2004 7:39:02 AM PST by pabianice
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