Bob Dole: A unique case of obstruction

Washington Times ^ | May 19, 2005 | Robert Dole

[RWR8189]

In the current debate over judicial nominations, some commentators claim Republicans such as myself are misrepresenting history by suggesting the current filibuster tactics of the Democrats are unprecedented.

These commentators cite the 1968 nomination of Abe Fortas to be chief justice of the United States as an example of how Republicans once attempted to block a judicial nomination on the Senate floor. I welcome the opportunity to respond to this claim, because the more Americans learn about the history of judicial nominations, the more they will realize how terribly off-track our confirmation process has become.

In 1968, President Lyndon Johnson sought to elevate his longtime personal lawyer, then-Associate Supreme Court Justice Abe Fortas, to be chief justice. I would not be elected a senator for a few more months, but followed the news surrounding this nomination closely.

There were problems with the Fortas nomination from the beginning. Not only did he represent the most aggressive judicial activism of the Warren court, but it soon became apparent Justice Fortas had demonstrated lax ethical standards while serving as an associate justice.

For example, it emerged Fortas had taken more than $15,000 in outside income from sources with interests before the federal courts. This was more than 40 percent of his salary at the time, or about $80,000 in today's dollars.

More fundamentally, Fortas never took off his political hat when he became a judge. While serving as a Supreme Court justice, Fortas continued serving as an informal political adviser to the president and even involved himself in Vietnam War policy. It later emerged Fortas had discussed pending cases with the president, an obvious violation of professional ethics.

In fact, less than a year after his nomination as chief justice was withdrawn by President Johnson, Justice Fortas was forced to resign from the

[Young Werther]

How dare the Sen Dole bring up the Fortas case. We all know that this behavior couldn't have been that of a Democrap. Just ask Gov Dean and he'll tell you that Rpublicans are evil and dems are the ..... (actually they're the crooks but heck wouldn't want to tell the truth would we!) MEGA SARCASM ALEERT

[nothingnew]

fortas was a slime just like lbj was. Don't get me started!

FMCDH(BITS)

[sirthomasthemore]

For the first time, judicial nominees with clear majority support are denied an up-or-down vote on the Senate floor through an unprecedented use of the filibuster. This is not a misrepresentation of history; it's a fact.

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Tell the Numbskull Nine to go fry ice. Call the vote, get them on the record. GOP and the voters can deal with it from there.

[So Cal Rocket]

I didn't read the rest of the article, so Dole may say this, but the Fortas filibuster was done as a favor to Fortas. He didn't have the votes to be confirmed, and so, to keep Fortas from the shame of being voted down, they filibustered him so Fortas could withdraw. By the way... both Dems and GOP voted against cloture - it was bipartisan.

[ducks1944]

YOU ARE RIGHT WE WILL DEAL WITH THEM AT VOTING BOOTH. THOSE WHO WILL GIVE THEM UP OR DOWN VOTE WILL BE GONE JUST LIKE TOM DASCHLE AND TOME FOLEY.
I HAVE WRITTEN AND SENT BACK LETTER TO RNC TO SAY NO MORE MONEY, NO MORE VOTE TILL WE GET UP OR DOWN VOTE. AND FOR THEM TO STARD UP FOR TOM DELAY AND BOLTON.

[Prince Charles]

bttt

[sdpatriot]

>>>The Senate debated the Fortas nomination only for several days before Johnson withdrew the nomination, versus the four years some of President Bush's nominees have been pending.<<<<


pig's feet to oranges. is that all they got to compare with? rock on Dole.

[Prophet in the wilderness]

I was asleep most of the day, so I didn't watch any news on the Senate Circus.
Can anyone tell me how it went today ?

[conservatism_IS_compassion]

the Fortas filibuster was done as a favor to Fortas.

Dole's main points were:

1. Fortas lacked a majority so it wasn't even really a fillibuster - there wasn't a majority that was demanding a vote (which is not inconsistent with what you say),
2. Fortas was under an ethical cloud, which eventually brought him down,
3. Fortas' nomination was only debated for several days, and
4. Fortas' opposition and his suppot were both bipartisan.

In addition, Dole notes that as Republican leader in the Senate he was troubled by some Clinton nominees and in one case voted against confirmation - after he had voted for cloture to bring the issue to to a vote.

None of the above is true of Bush's appelate court nominees or of the Democrats' obstruction of the voting on their confirmation.

[upchuck]

It's a shame this article has to be excerpted. Mr. Dole does an outstanding job of explaining what happened with Fortas.

He was NOT filibustered:

After less than a week, the Senate leadership tried to shut down debate. At that time, two-thirds of the senators voting were needed to do so, yet only 45 senators supported the motion. Of the 43 senators who still wished to debate the nomination, 24 were Republicans and 19 were Democrats. President Johnson saw the writing on the wall -- that Fortas did not have 51 senators in support of his nomination -- so he withdrew the nomination before debate could be completed.

Here's a link to the printer friendly version.

[sirthomasthemore]

Sorry Prophet, I couldn't watch it, and wouldn't if I could. But, there is a 3,000 post thread on the sidebar if you want the play by play.

In my view, this is soooo nothing. The current prevailing view is that there are 9 Pubs undecided on how to vote on the nuclear option.

If I were Dr. Frist, I tell these power broker wannabees to kiss my stethoscope. If you're not with the GOP on this transcendent issue that GWB's nominees that passed through committee deserve an up or down vote, than switch parties and no longer enjoy the label GOP- you freaking traitors.

[Prophet in the wilderness]

If I were Frist, I have have all of those 9 Spineless Pubbies in a room, and have them try to imagine, our country 5- 10 20 years down the road, and have them think about their children, and grand children, and have them say to themselves ?
What kind of America do I and the rest of my fellow Pubbies want to leave for the next few generations ?
Do I and the rest of these Pubbies want to leave a America that in someway resembles the America our passed generations enjoyed ? or a America more like Cuber, or China ? or and for GOD sakes no, EU ?

[syriacus]

I'm very glad that Dole is publicizing the truth about Fortas.

[Rodney King]

YOU ARE RIGHT WE WILL DEAL WITH THEM AT VOTING BOOTH

Uh, we have already dealt with them at the voting booth, but yet both parties still don't recognize the results.

[Dont_Tread_On_Me_888]

If I were Dr. Frist, I tell these power broker wannabees to kiss my stethoscope. If you're not with the GOP on this transcendent issue that GWB's nominees that passed through committee deserve an up or down vote, than switch parties and no longer enjoy the label GOP- you freaking traitors.

Agreed.

I would rather be the minority party after kicking out all the RINOs. Then, we can filibuster the Marxist proposals.

A RINOs is more despicable than a flaming liberal. One is a closet Marrxist, the other is an in-your-face Marxist--but, they are BOTH traitors to the Constitution.

[sirthomasthemore]

Prophet-

If you haven't, you might want to view this thread http://www.freerepublic.com/focus/f-news/1406624/posts
as to the 9 involved.

Guys like McCain, Hagel, Warner, Graham, and Specter are so full of themselves, I doubt there amenable to appeals to party loyalty.

[Prophet in the wilderness]

I was watching it yesterday, and when Up Chuck Schumer was talking, I had to puke, and turn it off.

[jwalsh07]

Dole can still sharpen the knife when he wants to.

[sirthomasthemore]

Dole can still sharpen the knife when he wants to.

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And stick you, too....and all with one hand!