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Frist Caves on Filibuster Rule Change for Judicial Nominees
Human Events Online ^ | January 4, 2005 | Robert Bluey

Posted on 01/04/2005 2:06:11 PM PST by hinterlander

Majority Leader Bill Frist (R.-Tenn.) said Tuesday he wouldn't change the Senate's filibuster rule at the start of the 109th Congress, essentially preserving the Democrats' ability to block President Bush's judicial nominees from winning Senate confirmation.

In a speech Tuesday opening the 109th Congress, the GOP leader instead called for cooperation among Republicans and Democrats. "I seek cooperation, not confrontation," Frist said. "Cooperation does not require support for the nominees. Cooperation simply means voting judicial nominees brought to the floor up or down."

Former Judiciary Chairman Orrin Hatch (R.-Utah), writing for HUMAN EVENTS last month, wanted to change Senate Rule XXII, which governs the filibuster, this week. Hatch noted that only 51 votes would be needed (as opposed to 67 once the Senate convenes) to change the rule, thereby preventing a minority of Democrats from permanently holding up a nominee. Hatch’s plan would give Democrats time to debate a nominee, but would eventually cut off discussion after four votes on the Senate floor.

Frist did not completely rule out a change to Rule XXII in the future--"I reserve the right to propose changes … and do not acquiesce to carrying over all the rules from the last Congress," he said--but a Senate aide told HUMAN EVENTS it would be much more difficult to make changes during the middle of the Senate's session as opposed to the beginning.

Frist's reluctance to go along with Hatch's plan--despite offering a Senate resolution in 2003 that did essentially the same thing--leaves Republicans with limited options to counter the Democrat-led filibusters. Because Republicans control only 55 seats-- five short of the 60 needed to overcome a filibuster--they are likely stuck in the same situation they faced in the 108th Congress when Democrats successfully blocked 10 of Bush's nominees.

"Some I know have suggested that the filibusters of the last Congress are reason enough to offer a procedural change today, right here and right now," Frist said Tuesday in his statement. "But at this moment I do not chose that path. Our Democratic colleagues have new leadership, and in the spirit of bipartisanship, I want to extend my hand across the aisle."

Democrats, however, have shown little willingness to cooperate with Frist and allow the Senate to vote on Bush's judicial nominees. In fact, when Bush renominated 20 judicial candidates on Dec. 23 who didn't win confirmation in the 108th Congress, Democrats immediately pounced on the President.

"I was extremely disappointed to learn today that the president intends to begin the new Congress by resubmitting the nomination of extremist judicial nominees," Minority Leader Harry Reid (D.-Nev.) said in a statement at the time. "Last Congress, Senate Democrats worked with the President to approve 204 judicial nominees, rejecting only 10 of the most extreme."


TOPICS: Front Page News; Government
KEYWORDS: charliebrown; cloture; congress; dumbass; filibuster; frist; judges; judicialnominees; judiciary; reid; senate; surrender; wimp
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To: peyton randolph
That's exactly what I was thinking. Even if he did not have the votes now he should have tried anyway. Stand up and fight or get pushed out of the way.

Those who opposed would be demonized on here forever. We are not asking for anything we should not have. From what I have read this (filibustering) has never been done before.

Frist needs to grow a pair,IMHO.
121 posted on 01/04/2005 2:44:37 PM PST by rodguy911 (rodguy911:First let's get rid of the UN and then the ACLU, or vice versa..)
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To: rwfromkansas; MeekOneGOP; Happy2BMe; Smartass; Prime Choice
Folks......don't forget Specter was forced to sign a statement saying he would support a rule change if it ended up being proposed.


122 posted on 01/04/2005 2:44:56 PM PST by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: You Dirty Rats; Qwinn

I thought it was pretty good, too, and a reasoned approach to the problem that doesn't create new problems at the moment, but reminds the Dems that the axe could fall at any time unless they behave.

Human Events doesn't seem to have done a very fair job of depicting it. And of course, most people don't take the time to read what Frist actually said.


123 posted on 01/04/2005 2:45:21 PM PST by livius
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To: hinterlander
townhall.com, Robert Novak, March 11, 2002, After Pickering, what?

The remaining question is whether Republicans have the courage to implement secret retaliatory plans to effectively close down the Senate. Those plans are privately called "going nuclear."

===

NRO, Bryon York, May 9, 2003, Senate Republican leaders searching for a way to break the deadlock over judicial nominations have decided to forego the so-called "nuclear option"

===


124 posted on 01/04/2005 2:45:51 PM PST by TomGuy (America: Best friend or worst enemy. Choose wisely.)
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To: The South Texan

On Hannity, Frist gave me the impression he is completely comfortable with the Senate rule change. Almost matter of fact.


125 posted on 01/04/2005 2:46:09 PM PST by chiller (DONE: Gore, taxes, terrorism,Kerry, Old Media. TO DO: Judges, IRS, Soc.Sec.,borders..)
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To: mewzilla
Not for a moment. We have plenty of people who lunge to throw Republicans overboard when they perceive the slightest indication of weakness, when in fact political manuevering and even compromise is what the history of this country is all about.

Frist vowed late last year to get Bush's nominees to an up or down vote, and I believe him. Whatever dances he feels he needs to do to accomplish that is his call. If he fails, I'll call him on that, but until then he can tapdance all he wants in my opinion.

126 posted on 01/04/2005 2:47:05 PM PST by Dog Gone
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To: woodb01

Great, in exchange for a campaign issue, the judiciary either continues to make up their own laws or backlogs cases into the next century for lack of bench appointees.


127 posted on 01/04/2005 2:49:02 PM PST by RinaseaofDs (The problem with socialism is that eventually you run out of other people's money.)
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To: hinterlander
Let me offer a different and more optimistic view: Frist opens with a "let's work together" plea which, when once again violated by the D's, results in a "more in sorrow than in anger" application of the so-called nuclear option.

Wait and see....

128 posted on 01/04/2005 2:49:19 PM PST by r9etb
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To: You Dirty Rats

----Neither Frist nor any other Senator takes direction from the President, particularly concerning the inner workings of the Senate. Frist is beholden to the 55 members of the Republican Conference. Lott lost his position because his support in the Conference collapsed----

The determining factor in Lott's departure was Bush's refusal to support him. Had the President stood behind Lott, the Conference would have ultimately lined up and the schmuck would still (God help us) be Majority Leader.

Bush is not just going to sit by on this.

-Dan

129 posted on 01/04/2005 2:51:14 PM PST by Flux Capacitor (NIXON NOW!!!)
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To: Flux Capacitor

The votes weren't there in the 108th. No way the Maine gals and Chafee would have gone along with that. Even with Zell, we were still at least 1 vote short.


130 posted on 01/04/2005 2:51:21 PM PST by You Dirty Rats
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To: SmithL

Wrong wrong wrong,

This is not long term, this is a single cross road.
We either win or lose NOW. Nuke It.

The Judicial is the last breath of the Democrats.
Frist just gave away the next century... ++++++


131 posted on 01/04/2005 2:51:53 PM PST by Knight Templar
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To: peyton randolph

"Frist just wrote off the slim hope he had of being on the national ticket in '08. What a putz."

That wopuld be my read. Some were given ones of brass, others have to make do with Twinkie dough.



132 posted on 01/04/2005 2:51:56 PM PST by FastCoyote
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To: Flux Capacitor

"Bush is NOT going to put up with another four years of this crap"

Exactly!!


133 posted on 01/04/2005 2:52:11 PM PST by CyberAnt (Where are the dem supporters? - try the trash cans in back of the abortion clinics.)
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To: woodb01
You may be right. The media will turn it into a Republican issue if they try to change the rules. It might be best to leave things as they are and use the heightened publicity of a Supreme Court nomination to make the media report the Democrat obstruction.

On the other hand, if Bush names a prominent conservative minority, the media will make that the issue and justify the Democrat obstruction, which would embolden them. That is why Bush's choice has to be very carefully planned to not give the media the ammunition.

One thing to consider: When Thurgood Marshall resigned, there were outcries to replace the "Black" seat on the bench. When Rehnquist resigns, will their be similar leeway to preserve a "conservative" seat? If we're going to be in the business of reserving seats on the bench, Bush should be able to claim the first "Hispanic" seat and make the Democrats fight against it, as long as we can cast that fight as an anti-minority fight and not a "he supported torture" or some such fight.

-PJ

134 posted on 01/04/2005 2:52:50 PM PST by Political Junkie Too (It's still not safe to vote Democrat.)
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To: rwfromkansas

----Folks......don't forget Specter was forced to sign a statement saying he would support a rule change if it ended up being proposed.----

I think I recall North Korea signing a piece of paper pledging never to build nuclear weapons.

-Dan

135 posted on 01/04/2005 2:53:54 PM PST by Flux Capacitor (NIXON NOW!!!)
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To: PeterPhilly
Oh good....we don't actually want to confirm judges....we just want something we can use in fundraising letters.

I think the gist of his post was to use the heightened publicity of a Supreme Court fight against the Democrats. In a bit of political Judo, make them filibuster a Hispanic pick, or an African-American pick, while the whole country watches. Then, if polls show that the public supports Bush, then talk about the nuclear option.

-PJ

136 posted on 01/04/2005 2:55:20 PM PST by Political Junkie Too (It's still not safe to vote Democrat.)
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To: Prime Choice

Post of the week, way to go!


137 posted on 01/04/2005 2:57:32 PM PST by rodguy911 (rodguy911:First let's get rid of the UN and then the ACLU, or vice versa..)
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To: Flux Capacitor
And what is GWB supposed to do if the 'Rats filibuster and there aren't 50 votes to go nucular? It's not so easy to strongarm Senators, particularly those in Blue States like Maine and Rhode Island (Snowe, Chafee, Collins). Then there's McCain, Specter, Hegel ... we've got a few weak sisters in there.

The only option GWB would have is to go nucular himself and veto every appropriations bill until the Senate votes on his nominees. He might reason that he doesn't have to run again, but Congress does. Reagan, as much as I loved him as President, didn't have the stones to do this. I'm not sure GWB would either. We simply aren't as irresponsible as the 'Rats are.

138 posted on 01/04/2005 2:57:38 PM PST by You Dirty Rats
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To: You Dirty Rats

Sorry .. I don't agree with you. The President (as a Republican) is head of the party - Frist takes his direction from the President on what issues are important - that's how the President get's his agenda put forward in the senate.

Frist cannot just arbitrarily do what the heck he wants. That is not how it works.

And .. Frist does not take his direction from the 55 - the 55 take their direction from Frist - because he's the MAJORITY LEADER.


139 posted on 01/04/2005 2:57:41 PM PST by CyberAnt (Where are the dem supporters? - try the trash cans in back of the abortion clinics.)
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To: hinterlander
Frist did not completely rule out a change to Rule XXII in the future--"I reserve the right to propose changes … and do not acquiesce to carrying over all the rules from the last Congress,

Again, this is nothing. The headline is bogus. But Freeper crybabies do so love to cry, so mark this down as another successfully pathetic thread.

140 posted on 01/04/2005 2:59:26 PM PST by Barlowmaker
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