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Senators Avert Showdown Over Filibusters
AP on Yahoo ^ | 5/23/05 | David Espo - AP

Posted on 05/23/2005 6:49:42 PM PDT by NormsRevenge

WASHINGTON - In a dramatic reach across party lines, Senate centrists sealed a compromise Monday night to clear the way for confirmation of many of President Bush's stalled judicial nominees, leave others in limbo and preserve venerable filibuster rules.

"In a Senate that has become increasingly partisan and polarized, the bipartisan center held," said Sen. Joseph Lieberman (news, bio, voting record), D-Conn., one of 14 senators _seven from each party — to pledge their "mutual trust and confidence" on the deal.

"The Senate is back in business," exulted Sen. Lindsey Graham (news, bio, voting record), R-S.C., reflecting the view that a showdown would have would have had a long-term detrimental impact on Congress' ability to conduct the nation's business.

Under the terms, Democrats agreed to allow final confirmation votes for Priscilla Owen, Janice Rogers Brown and William Pryor, named to appeals court seats. There is "no commitment to vote for or against" the filibuster against two other conservatives named to the appeals court, Henry Saad and William Myers.

The agreement said future judicial nominees should "only be filibustered under extraordinary circumstances," with each Democratic senator holding the discretion to decide when those conditions had been met.

"In light of the spirit and continuing commitments made in this agreement," Republicans said they would oppose any attempt to make changes in the application of filibuster rules.

While the agreement was signed by only 14 senators, they held the balance of power in a sharply divided Senate.

And Republicans said they would seek to confirm Owen as early as Tuesday, with other cleared nominees to follow quickly.

Even so, Majority Leader Bill Frist, R-Tenn., noted he had not been a party to the deal, which fell short of his stated goal of winning yes-or-no votes on each of Bush's nominees. "It has some good news and it has some disappointing news and it will require careful monitoring," he said.

Democratic leader Harry Reid of Nevada seemed more receptive — although he hastened to say he remains opposed to some of the nominees who will now likely take seats on federal appeals courts.

"Checks and balances have been protected. The integrity of the Supreme Court has been protected from the undue influence of the vocal, radical right wing," Reid said.

The White House said the agreement was a positive development.

"Many of these nominees have waited for quite some time to have an up-or-down vote and now they are going to get one. That's progress," presidential press secretary Scott McClellan said. "We will continue working to push for up or down votes for all the nominees."

The deal was sealed around the table in Sen. John McCain (news, bio, voting record)'s office, across the street from the Capitol where senators had expected an all-night session of speech-making, prelude to Tuesday's anticipated showdown.

Nominally, the issue at hand was Bush's selection of Owen, a member of the Texas Supreme Court, to a seat on the 5th Circuit Court of Appeals in New Orleans.

In fact, as the rhetoric suggested, the stakes were far broader, with Republicans maneuvering to strip Democrats of their right to filibuster and thus block current and future nominees to the appeals court and Supreme Court.

There currently is no vacancy on the high court, although one or more is widely expected in Bush's term. Chief Justice William Rehnquist's coincidental presence in the Capitol during the day was a reminder of that. At age 80 and battling thyroid cancer, he entered the building in a wheelchair on his way to the doctor's office.

Under a complicated situation in effect on the Senate floor, an agreement among six senators of each party was sufficient to avert the showdown. Six Democrats agreeing not to filibuster assured judicial nominees of a yes-or-no vote. Six Republicans signing the accord meant Frist and other GOP leaders would not have the votes to strip Democrats of their ability to filibuster.

The agreement came as Frist, R-Tenn. and Reid, D-Nev. steered the Senate toward a showdown on Bush's nominees and historic filibuster rules, under which a minority can prevent action unless the majority gains 60 votes.

For decades, Senate rules have permitted opponents to block votes on judicial nominees by mounting a filibuster, a parliamentary device that can be stopped only by a 60-vote majority.

But Republicans, frustrated by Democratic filibusters that thwarted 10 of Bush's first-term appeals court nominees and prepared to block seven of them again, threatened to supersede that rule by simple majority vote.


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: 109th; avert; filibuster; filibusters; senators; showdown; ussenate
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To: Charles H. (The_r0nin)

Look down the road.

Everyone realizes that Owen and esp. Brown were on the short list to be Bush's next nominee(s) for the SCOTUS, but you can't get a home run unless you at least get to first. This compromise basically gives Owen and Brown a free pass to first base. Once they've been given consent to serve by the Senate, it will be a very difficult thing to revoke that consent if they are nominated to the SCOTUS. This compromise gives the moderates GOP and DEM alike a very large fig leaf when one or both of these ladies is a SCOTUS candidate. How can a person pass muster for the Court of Appeals, then be deemed "extraordinary cases" for recommendation to the SCOTUS? Moderates have found their safety net here.

The big picture is that this compromise virtually guarantees that the next one or possibly two SCOTUS nominees are going to be dyed in the wool conservatives. They would most likely replace Rehnquist, a fairly reliable conservative already and O'Connor, definitely a moderate. So the balance of the SCOTUS for many years, if not decades to come will be tipped toward conservatives.

Sometimes you have to cede at little ground in a battle in order to position yourself for victory in the future. I think that has been accomplished.


21 posted on 05/23/2005 7:38:23 PM PDT by randita
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To: catpuppy

"Actually, the Republicans voluntarily surrendered it since, without backbone or b@lls, it didn't serve any purpose."

LOL!


22 posted on 05/23/2005 7:47:45 PM PDT by strategofr (What did happen to those 293 boxes of secret FBI files (esp on Senators) Hillary stole?)
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To: NormsRevenge
The agreement said future judicial nominees should "only be filibustered under extraordinary circumstances," with each Democratic senator holding the discretion to decide when those conditions had been met.

At which point if the RINO's for some reason don't agree they can vote for the nuclear option.

23 posted on 05/23/2005 7:51:34 PM PDT by Mike Darancette (Mesocons for Rice '08)
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To: Mike Darancette
Let's call this for what it is: an agreement non-agreement.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
24 posted on 05/23/2005 8:05:39 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: NormsRevenge

We know who the RINOs are; we need to find the other party members, the so-called "real" conservatives, who tacitly stood by while this shameful deal went down. Then we need to gut all of the campaign money we can from them. If the Republicans lose the Senate it can't be much worse than it is now. At least we'll be beaten by numbers and not our back-stabbing own. The remaining Republicans will hopefully show some courage. This present, spineless bunch is disgusting.


25 posted on 05/23/2005 8:05:39 PM PDT by Nucluside (Cultural Relativism is a lie)
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To: sport

Not true. The most controversial of his nominations are now going to be approved. That is the significant fact.


26 posted on 05/23/2005 8:07:49 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: sport

Agreed. The "win/win" posters don't get it. The two that won't be voted on set the standard for "extreme". They're anything but extreme, but those two will be the "cut line" against which all other nominees will be held as "extreme". These seven RINO dolts sold us out in an unprecedented manner.


27 posted on 05/23/2005 8:08:17 PM PDT by No Longer Free State (Standing in the way of progress is not a party platform)
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To: catpuppy

That is a lie. What do you think the RATS won here other than the right to vote No?


28 posted on 05/23/2005 8:09:05 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Charles H. (The_r0nin)

This is the first wave of approvals. Let the RATS try it again. Then you will see the same pressure ratcheted up.
Mature political judgment means that you don't expect everything at once. There is nothing stopping First from doing the same thing if the obstruction continues. The RATS surrendered on the MOST controversial of his nominees and now can hardly head to the barricades over LESS controversial ones.

Partial victory GOP. Not everyone calls the same plays in moving forward.


29 posted on 05/23/2005 8:12:51 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: NormsRevenge

Kennedy won't have to drink himself to sleep tonight. He will anyways, but he doesn't have to.

Thanks McCommie!


30 posted on 05/23/2005 8:13:45 PM PDT by free_life
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To: 26lemoncharlie

Thinking exactly alike in everyway on every issue is a Totalitarian rule not one in the country of Freedom. McCain may not be to your liking but he has earned the right to see things his own way. That way right now is going to produce three more judges shortly. Perhaps his patience will wear thin with further obstruction.

This is not Apocalyptic in any way so don't get hysterical.


31 posted on 05/23/2005 8:17:00 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: dufekin
In any case, Henry Saad would not be entitled to any vote whatsoever, because his nomination is subject to a "hold,"

Is that an actual rule, or just an arcane Senate "tradition"? I have a feeling its the latter.

I think this is a major problem for the party. A major problem. The Senate Republicans decided tonight that keeping the "system" rolling onward, providing pork and privilege and security, was more important than making sure all the nominees passed.

32 posted on 05/23/2005 8:29:11 PM PDT by Zack Nguyen
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To: Zack Nguyen
I think this is a major problem for the party. A major problem. The Senate Republicans decided tonight that keeping the "system" rolling onward, providing pork and privilege and security, was more important than making sure all the nominees passed.

Any comment that I may make tonight, would get me arrested.

Until our government gets under control once again, I will "flick my Bick!"

33 posted on 05/23/2005 8:33:42 PM PDT by Hunble
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To: justshutupandtakeit
That is a lie. What do you think the RATS won here other than the right to vote No?

In the first place, I did not lie but merely gave an opinion. You should be more careful in your choice of words, assuming that you possess enough from which to choose ones that fit.

Second, my Republican Party abandoned its majority power as well as a 200 hundred year old precedent to "save" what never was. As much as some would like to proclaim victory, this "compromise" by any name is still an unnecessary defeat. McCain and Graham now have some revenge for the South Carolina GOP primary debacle. That and a few "attaboys" from the media were sufficient reward for selling out. And that's no lie.

34 posted on 05/23/2005 8:43:54 PM PDT by catpuppy
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To: NormsRevenge

Bottom line,,,,,,,Sen. Hillary has our FBI files.


35 posted on 05/23/2005 8:46:06 PM PDT by Waco
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To: All

Quotes about Senate filibuster deal

http://www.montereyherald.com/mld/montereyherald/news/politics/11720521.htm

Associated Press


Reactions to the Senate filibuster agreement:

"Tonight the Senate has worked its will on behalf of reason and behalf of responsibility. We have sent President George Bush, Vice President Dick Cheney and the radical arm of the Republican base an undeniable message: Abuse of power will not be tolerated, will not be tolerated by Democrats or Republicans. And your attempt, I say to the vice president and to the president, to trample the Constitution and grab absolute control is over." - Senate Democratic leader Harry Reid of Nevada.

---

"It has some good news and it has some disappointing news and it will require careful monitoring." - Senate Majority leader Bill Frist, R-Tenn.

---

"This agreement is meant in the finest traditions of the Senate it was entered into: trust, respect and mutual desire to see the institution of the Senate function in ways that protect the rights of the minority." - Sen. John McCain, R-Ariz.

---

"I am very proud of these colleagues of mine on the Republican side and the Democratic side. We have lifted ourselves above politics. And we have signed this document in the interest of United States Senate, in the interest of freedom of speech, freedom of debate and freedom to dissent in the United States Senate." - Sen. Robert Byrd, D-W.Va.

---

"In a Senate that has become increasingly partisan and polarized, the bipartisan center held." - Sen. Joe Lieberman, D-Conn.

---

"The Senate is back in business." - Sen. Lindsey Graham, R-S.C.

---

"Many of these nominees have waited for quite some time to have an up or down vote and now they are going to get one. That's progress. We will continue working to push for up-or-down votes for all the nominees." - White House spokesman Scott McClellan.


36 posted on 05/23/2005 8:47:21 PM PDT by NormsRevenge (Semper Fi ...... The War on Terrorism is the ultimate 'faith-based' initiative.)
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To: GEC

Tell these people what you really think, I did. The senate RINOs are insulated by their suck up staffs.

ecampaign@gop.com Chairman@gop.com Info@gop.com RNCommunications@gop.com Political@gop.com Membershipservices@gop.com MemberRelations@gop.com


37 posted on 05/23/2005 8:53:43 PM PDT by Ursus arctos horribilis ("It is better to die on your feet than to live on your knees!" Emiliano Zapata 1879-1919)
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To: NormsRevenge
"The Senate is back in business," exulted Sen. Lindsey Graham

Yeah, that's what we were all waiting and hoping for, you puss.

Two point five seven trillion per year for Republican idiots like this.

38 posted on 05/23/2005 8:56:51 PM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: NormsRevenge

Now you know why it is easier for a camel to pass through the eye of a needle than for a Senator to get elected President.


39 posted on 05/23/2005 9:06:01 PM PDT by Natural Law
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To: Charles H. (The_r0nin)
You are right on point, Charles H.
The Democrats lost on three, and won on four plus the principle of allowing filibusters on judicial appointments.
If appeals court nominees can be talked to death, then the same applies to SCOTUS nominees. Any of these appellate nominees can, and I expect, will, be filibustered if they would be nominated for SCOTUS.
This failure of spirit on the part of the Republicans may be the beginning of a massive conservative retreat. Bush clearly does not have the stroke to keep the tax cuts, which is another way of saying that tax increases are now assured. Any immigration reforms are flash frozen. And poor Bush, after the probable loss of the House and Senate to the Democrats in
2006, will be fighting to avoid impeachment for the next two years. The main hope, not unprecedented, is that the Democrats will field a slate of very, very bad candidates.
40 posted on 05/23/2005 9:07:49 PM PDT by TWhiteBear (1939 deja vu)
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