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Alito filibuster? ‘Not likely,’ Democrat says (Biden, Reid, Akaka, Dorgan Don't Support Filibuster)
MSNBC ^ | January 27, 2006

Posted on 01/27/2006 7:28:38 AM PST by RWR8189

WASHINGTON - Senate GOP leaders plan to confirm Supreme Court nominee Samuel Alito early next week after dealing with a filibuster threat from Democratic die-hards who worry that the conservative judge would swing the court too far to the right.

A final vote making the New Jersey jurist the nation’s 110th Supreme Court justice was scheduled for Tuesday morning, only hours before President Bush begins his State of the Union address to Congress and the nation, if Alito’s bipartisan supporters succeed in rounding up 60 votes to cut off debate on Monday.

<SNIP>

A Democratic senator who plans to vote against Alito’s confirmation, Sen. Joseph Biden of Delaware, said Friday that prospects for a successful filibuster were dim and he doesn’t support the idea.

“A filibuster, I think, is not likely to occur,” Biden told CBS’ “The Early Show.” “But who knows, one man can generate a filibuster.”

Sens. Daniel Akaka of Hawaii and Byron Dorgan of North Dakota made it clear Thursday night after a second day of floor debate on Alito that they would not support a filibuster, even though Akaka was going to vote against the nominee and Dorgan was still undecided.

“Next Tuesday, a bipartisan majority will vote to confirm Judge Alito as Justice Alito,” Senate Majority Leader Bill Frist, R-Tenn., said.

<SNIP>

Senate Democratic leader Harry Reid of Nevada offered little support.

“There’s been adequate time for people to debate,” Reid said. “No one can complain on this matter that there hasn’t been sufficient time to talk about Judge Alito, pro or con.”

 

(Excerpt) Read more at msnbc.msn.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; Politics/Elections
KEYWORDS: 109th; adviceandconsent; alito; alitofilibuster; alitovote; filibuster; judgealito; justicealito; kennedy; kerry; samalito; samuelalito
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To: RWR8189

I saw an article earlier today that said Ted Stevens R-Alaska. Is a moderate that might vote against Judge Alito.

I think they are smoking some powerful stuff.


21 posted on 01/27/2006 8:04:27 AM PST by alaskanfan
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To: Common Tator

I get the feeling that President Bush will have two versions of the SOTU speech: one, if the Democrats filibuster, and one, if they don't.


22 posted on 01/27/2006 8:04:58 AM PST by Christian4Bush (More than 3000 people lost their "civil liberties" on September 11, 2001.)
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To: eastforker
FNC alert now says Reid now supports it.

Supports what? The filibuster, or the cloture motion?
23 posted on 01/27/2006 8:09:35 AM PST by tanknetter
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To: tanknetter

The filibuster


24 posted on 01/27/2006 8:10:55 AM PST by eastforker (Under Cover FReeper going dark(too much 24))
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To: Common Tator
It takes 51 votes or 50 votes and the VP's vote to change senate rules.

Actually, iirc it takes 66 votes to change the rules. What the nuclear option involves is something along the lines of the Chair ruling an attempt to filibuster out of order on Constitutional grounds. The Dems would then, presumably, ask for a vote of the Senate to appeal the ruling of the Chair. Rulings of the chair are upheld by simple majority vote.
25 posted on 01/27/2006 8:13:40 AM PST by tanknetter
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To: eastforker
The filibuster

Thanks for the clarification. Question is whether Reid is on-board because the Democrats might just have the ability to pull off 41 votes (at least in the first round or two ... they can just claim that they want to ensure that all voices are heard), or because the base (see DU) is going berzerk and they think their fundraising might be in jeopardy.
26 posted on 01/27/2006 8:16:43 AM PST by tanknetter
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To: RWR8189

They delay delay delay this thing to keep the President from achieving a big goal. When they have just enough rope, they hang themselves just at the hour before the Presidents address. Their timing couldn't be any more perfect, I may start contributing to the Democratic Party.


27 posted on 01/27/2006 8:17:03 AM PST by SF Republican
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To: Bob Buchholz

Cloture Petition has been filed by Frist and vote on Cloture is 4:30 pm ET Monday. If Cloture passes then there is a vote on the nomination scheduled for 11:00 am ET Tuesday. There is no way, to my understanding, that if they pass cloture on Monday the Dems could turn around and stop the vote on the nomination on Tuesday. Regular order would be invoked if somebody pulled a stunt, and the vote would be held. If that is not correct, someone will surely inform me.


28 posted on 01/27/2006 8:24:41 AM PST by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: tanknetter

The latter seems more plausible...


29 posted on 01/27/2006 8:26:25 AM PST by txrangerette ("We are fighting al-Qaeda, NOT Aunt Sadie"...Dick Cheney commenting on the wiretaps!!)
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To: jsk10
Hence, why I would love to see a filibuster attempt on Alito. Nuke 'em and then have a Supreme Court that represents true America.

Frist and the Republicans made the most tragic move in decades wen they, like cowards, did not pull the nuke option earlier when they threatened to and made that lame "3 justices confirmed filibuster still an option" deal.

What cowards. What a kick in the groin to all conservatives.

30 posted on 01/27/2006 8:29:48 AM PST by Dont_Tread_On_Me_888 (Bush's #1 priority Africa. #2 priority appease Fox and Mexico . . . USA priority #64.)
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To: Blood of Tyrants

Stevens and Ginsberg will remain on the Court until they draw their last breath if a republican is president.


31 posted on 01/27/2006 8:29:59 AM PST by OldFriend (The Dems enABLEd DANGER and 3,000 Americans died.)
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To: RWR8189

So what's the count?
68-70 votes for cloture and then 58 votes for confirmation?


32 posted on 01/27/2006 8:31:52 AM PST by WOSG
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To: txrangerette

Good! So we will know by monday night.


33 posted on 01/27/2006 8:33:50 AM PST by WOSG
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To: RWR8189

kerry is a hateful and vengeful individual. He betrayed his own brethern during Vietnam why would anyone think he would not try to bring Judge Alito down???? He won't but...he is a low individual and very bitter that he lost the election that he thought was HIS.

He's Very much like Al Gore. Both very sad human beings. They have so much material wise. Homes, money, fame, yet nothing seems to be enough for them except the top job in the land. I guess it has to do with power. Since neither of them have anything else I guess they think having power would win friends and influence people.

Sad ways to live their lives. I think they both feel power will make them respected. There are more things to life than just power. They should ask President Bush cause he has it all. The power of the presidency which he uses for good, his family and most of all and so important...President Bush has peace from within his heart and soul. That is something kerry and gore just do not seem to have nor will ever understand.
They take their cues from the polls. President Bush takes his cues from his heart and his faith and therefore presses ahead making history and protecting the American people from terroritsts. One thing President Bush cannot do is protect the American people from some of their politicians. Unfortunately, there is an enemy within but...the good will prevail in spite of those obstacles in the road.
God bless you President Bush and God bless the next Justice...Samuel Alito!!!


34 posted on 01/27/2006 8:56:41 AM PST by cubreporter (I trust Rush. He has done more for this country than anyone will ever know. He's A++)
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To: alaskanfan

He's holding, so as to get the ANWR drilling.


35 posted on 01/27/2006 9:12:48 AM PST by right-wingin_It
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To: alaskanfan
Meant: "He's holding, so as to get the ANWR drilling?"
36 posted on 01/27/2006 9:15:09 AM PST by right-wingin_It
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To: Common Tator
"the problems in the Senate for the past 2 years had not been the Democrats blocking nominations, it has been Republicans unable to act as a team"

Truer words were never spoken.

I'm glad to see that you are now of the belief that Alito will be confirmed; not long ago you weren't very hopeful and I was a bit worried!

37 posted on 01/27/2006 10:41:00 AM PST by Joe Brower (The Constitution defines Conservatism. *NRA*)
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To: RWR8189

Nice to see a Jersey boy make good.


38 posted on 01/27/2006 11:21:53 AM PST by Huck (Roe/Kelo: You have a right to privacy IN your bedroom; you just don't have a right TO your bedroom.)
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To: tanknetter
Actually, iirc it takes 66 votes to change the rules. What the nuclear option involves is something along the lines of the Chair ruling an attempt to filibuster out of order on Constitutional grounds. The Dems would then, presumably, ask for a vote of the Senate to appeal the ruling of the Chair. Rulings of the chair are upheld by simple majority vote.

You are like a person arguing that the proper way to score six points in football is to score a touchdown. But that is not true. A team can earn 6 points with two field goals.

The easiest way to change a senate rule is the time tested method recently re-named the nuclear option. The senate has been using that method to change rules since at least the 1820s.

Changing the rules can be pretty simple and can be done by a simple majority with the help of the VP. The first rule change on unlimited debate was made in about 1828. Here is how it was done the first time. A senator asked the Chairman (Vice President) if the rules allow unlimited debate. They rules had contained a provision for unlimited debate since George Washingtons first term. The Vice President then ruled that the Senate rules did not permit unlimited debate. The Virginia Senator who had been speaking for a long time asked for a vote of the senate and a majority voted to support the VPs ruling. For the next 50 years the senate did not allow unlimited debate. It was a drunken VA senator who droned on too long that caused the rule to be changed by a simple majority vote.

That is also how the rule was changed back to allowing unlimited debate some 50 years later. Sometime in the 1870s or there abouts a senator tried to end debate by invovking the rule that unlimited debate was not allowed per the 1828 ruling. The VP in 1878 ruled that unlimited debate was allowed by the rules, and a majority of senators voted to support the VP. We have had the legal filibuster rule ever since.

No method of changing rules can prevent someone trying to break the rule next day by calling for a VP to rule. If the VP decided some rule was not in force, and a majority voted with the VP the rule voted by 2/3 margin the day before would have been changed.

That is how unlimited debate was removed as a rule in 1828 and returned to the rules in 1870 something. In neither case did it take more than 50 votes to change the rule.

The two thirds rule is there for rules changes. It is used for those that rules nearly every Senator supports. But it is not the way any controversial rule is ever changed, added or removed. It is done by a VP ruling and a simple majority approving.

39 posted on 01/27/2006 11:37:23 AM PST by Common Tator
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To: SF Republican
Who's your buddy?

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40 posted on 01/27/2006 11:39:58 AM PST by getmeouttaPalmBeachCounty_FL (Undocumented border patrol agent.)
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