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Democrats Warn GOP on Using 'Nuclear Option'
AP ^ | 1-16-05

Posted on 01/16/2005 1:46:52 PM PST by inquest

WASHINGTON — The Senate's Democratic leader said Sunday that Republicans "would rue the day" if they try to make it harder for Democrats to stall judicial nominees who could not get a vote last year. But Majority Leader Bill Frist, R-Tenn., said he hoped a new "optimistic" climate would take hold now that Nevada Sen. Harry Reid is the top Democrat, succeeding the defeated Tom Daschle of South Dakota, whom the GOP labeled an obstructionist.

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


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Government; Politics/Elections
KEYWORDS: appointments; democratsarescum; filibuster; judges; judiciary; nuclearoption
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To: inquest

Politics is a contact sport, sport.


61 posted on 01/16/2005 3:20:09 PM PST by verity (The Liberal Media is America's Enemy)
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To: writer33

Time to bring out the comfy chairs!


62 posted on 01/16/2005 3:24:52 PM PST by bootless (Never Forget - And Never Again)
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To: inquest
So is the Paddling option stillavailable. Spare the paddle, spoil the Democrat


63 posted on 01/16/2005 3:25:26 PM PST by chemical_boy
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To: Non-Sequitur

Hmm...well, Times called it the nuc option.

It seems the only way it would pass would be the nuclear option. Other ways require a supermajority.


64 posted on 01/16/2005 3:30:09 PM PST by rwfromkansas ("War is an ugly thing, but...the decayed feeling...which thinks nothing worth war, is worse." -Mill)
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To: inquest

No need to nuke em. Lets just use a daisy cutter instead ;-)


65 posted on 01/16/2005 3:30:18 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: bootless

Sounds like it. :)


66 posted on 01/16/2005 3:35:44 PM PST by writer33 (The U.S. Constitution defines a conservative.)
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To: Embraer2004
"No mercy for the defeated Dems."

I agree! We spent 4 years showing them mercy, and we see where it has gotten us. Nowhere, as far as the judiciary is concerned. If the Senate Republicans haven't got the spine to do what needs to be done, then what is the point of being in the majority? They've been running things long enough.

What I'd like to know is what makes them think that using the nuclear option is any worse than spending 4 years obstructing the judicial nominees of a sitting president, not even allowing a vote on the floor, and with the threat of doing it for another 4. These loathsome little worms need to be neutralized, by whatever means necessary. No more playing nice with playground bullies.

67 posted on 01/16/2005 3:40:39 PM PST by sweetliberty (If President Bush walked on water, the democRATs would say it was because he couldn't swim.)
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To: inquest

Huh? Are you saying a federal judicial nominee does not require Senate approval before being issued his/her commission as a trial or appellate judge? If so, you could not be more wrong.


68 posted on 01/16/2005 3:45:06 PM PST by middie
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To: Non-Sequitur

That's exactly the rule that Cheney would declare unconstitutional under the Senate rule that allows him to. That is exactly what the "constitutional" and/or "nuclear" option is. He would declare that rule can't apply to appointments that the constitution declares requires 50% plus 1 to pass.


69 posted on 01/16/2005 3:47:16 PM PST by No Longer Free State
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To: Non-Sequitur
I wish I could be so sure. I can't imagine any Supreme Court allowing the legislative branch to rule something is unconstitutional.

They do it all the time. Congress debates the constitutionality of every bill the pass or rescind. The executive does so every time it signs or vetoes any legislation. If this was not the case then there would be no need for congressional members or executive members to swear an oath to protect the constitution.

70 posted on 01/16/2005 3:50:35 PM PST by Texasforever (It's hard to kiss the lips at night that chew your butt out all day long.)
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To: inquest
The Constitution does not require the Senate to advise and consent; it merely states that such advice and consent is needed before the President can make any appointments.

"Advise and consent" is not required. It's needed.

???

71 posted on 01/16/2005 3:53:07 PM PST by Lancey Howard
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Comment #72 Removed by Moderator

To: inquest

Screw the anti-American democrats. It's time to follow the consitution. Anybody ever hear majority rules?


73 posted on 01/16/2005 4:02:11 PM PST by KenmcG414
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To: Non-Sequitur

The AP article on Fox is misleading.

The plan is for a senator to raise a point of order to close debate on a nominee.

The presiding officer, VP Cheney, would sustain the point of order. The minority would appeal the ruling.

The senate would then vote to table the appeal, which can be done with 51 votes. End of filibuster on this nominee.

The Constitution doesn't enter into it at all because neither the point of order nor the Chair's ruling has anything to do with it.

BTW, this is not a precedent setting scenario. During the '70's and '80's, Sen Robert Byrd used the same tactic four times to alter Senate rules. With 51-vote majorities.

This plan also does not require a change in Senate Rule XXII, which governs the filibuster. If the GOP has the party discipline to give the motion to table 51 votes, then they will not have to do it again and nominees will get their up-and-down votes.


74 posted on 01/16/2005 4:08:24 PM PST by hinckley buzzard (the smirking face of a flesh-eating virus)
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To: BullDog108

Amen to that. The two parties are locked in mutual choke holds. Someone needs to throw a knee to break the clinch apart. I want this stagnation crap over and done with. Let the chips fall where they may.


75 posted on 01/16/2005 4:12:52 PM PST by Ghost of Philip Marlowe (Liberals are blind. They are the dupes of Leftists who know exactly what they're doing.)
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To: Non-Sequitur
The Constitution DOES however, specifically grant to both houses the right to make their own rules. There is no Constitutional requirement for a supermajority in the advise-and-consent process.

All Mr. Cheney need do is to respond to a point of order raised from the floor concerning this point...and, boom, the ersatz supermajority ''requirement'' is history as regards the nomination/advice process is concerned.

He need not make any sort of faux-Constitutional ruling; merely preside over a clarification of the rules of the Senate, which rules are **specifically** in the Senate's purview and control.

76 posted on 01/16/2005 4:14:02 PM PST by SAJ
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To: inquest

I think we need to test the sesolve of the Rats as soon as possible; and at the very first sign of a Filibuster, nuke 'em till they glow!

This nonsense needs to end.

Now.


77 posted on 01/16/2005 4:23:13 PM PST by Bean Counter
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To: inquest

It might just be the other way around if the democrats try a filibuster again.


78 posted on 01/16/2005 4:23:23 PM PST by chainsaw (("We're going to take things away from you on behalf of the common good." - H. Clinton))
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To: inquest

frist doesn't have balls.


79 posted on 01/16/2005 4:25:20 PM PST by ken21 (no offense intended.)
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To: SAJ
All Mr. Cheney need do is to respond to a point of order raised from the floor concerning this point...and, boom, the ersatz supermajority ''requirement'' is history as regards the nomination/advice process is concerned.

So the Vice President is supposed to lie?

80 posted on 01/16/2005 4:31:00 PM PST by Non-Sequitur
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