[Pharlap]

This is the way it can be done. The Senate's Republican leadership must determine that it has 50 votes. (The new Senate will be 55-45. But, there may be up to 5 Republican's who will not vote to change the Rules. They are the two from Maine; Chafee from Rhode Island; Specter from Pennsylvania; and McCain from Arizona. On the other hand, there are several "red" state Democrat senators up for reelection in 2006 who might be willing to vote for a Rule change.) Assuming 50 votes, the Vice President as the President of the Senate would then cast the tie breaking vote (see, the Constitution, Article I, Section 3, Clause 4). The Chairman of the Rules Committee (currently, Trent Lott) would propose a change to Senate Rule XXII, which provides for a filibuster, and requires a 60 vote super majority to effect cloture. The change could exempt all presidential nominations, or just judicial nominations from Rule XXII, thereby mandating an up or down vote on the exempted nominations; or, the change could effect a sliding scale cloture vote so that by a certain point in time, say 3 months, only 50 votes would be required for cloture.

The Rules Committee then votes out the Rule change (probably along party lines). Once on the floor (before the full Senate) for debate, should a senator move to filibuster the Rule change, the presiding officer (most likely the Vice President) would rule the filibuster out of order because (1) the Rules of a prior Senate cannot bind or limit the rule making authority of the incoming Senate, and (2) because the Constitution does not require a super majority for the enactment of Rules. As to this last point, when the Constitution mandates a super majority it does so expressly as with treaty ratification. In all other instances, only a simple majority is required. That is the intent of the combination of specific super majority provisions and the operation of Article I, Section 3, Clause 4, which envisions tie votes (there being an even number of senators),and, therefore, expressly empowers the Vice President to cast the tie breaking vote.

[mrsmith]

First's speech is being replayed by CSpan NOW.

[ken5050]

Excellent synopsis..thanks..allow me to point out one aspect of Frist's comments that have escaped notice. The timing is very important. Spector has asked for a meeting with the GOP Judiciary committee members next week. IMHO, itnseems incumbent upon Arlen, BEFORE that meeting..to speak out publicly about Frists's comments..to say loud and clear that he agrees with and supports them. If he doesn't, he's toast..