Replies

But any thought that Frist can "nuke at will" is based on a misunderstanding of the parliamentary procedure.

I understand that quite well. However, the filibuster never had any history in judicial nominations, and the one opportunity to banish it from the Senate was wasted by MCLame for no good reason other than "face" time.

I do not believe he cares about the Republican party at all, if he did, he would never have promoted CFR. It nearly cost us the election as well as being fundamentally un-American.

After attaching his no torture amendment to the defense appropriation bill (by doing so forgetting precedent) in order to embarrass the President, the only faith I have in him is that he will do whatever gets him the most publicity.

This filibuster attempt will give him the chance to play king maker again, and I truly wonder if he will be able to restrain himself. /rant

However, the filibuster never had any history in judicial nominations, and the one opportunity to banish it from the Senate was wasted by MCLame for no good reason other than "face" time.

Not only do I agree it has no precedent (other than the unpleasantries of the 108th Congress), it is IMO an unacceptable imbalance of paower in favor of the Senate, away from the Office of the President.

But there is opportunity to remedy the threat. As I noted, the GOP Senate leadership has a number of judicial candidates "on deck," even out of Committee, that the Senate DEM leadership has indicated will be filibustered if brought up for debate and vote.

F = 7 subjected to failed cloture motions in 108th Congress
4 = "1 of 4" that DEMs offered to let GOP choose which 3 to dump
S = Positive mention in Specter's May 9, 2005 speech

M = MOU of 14 will not vote against cloture
m = MOU of 14 makes no promise regarding cloture
R = Post-MOU, Reid indicates desire to filibuster

C = Out of committee & on the Senate's Executive Calendar
U = Unanimous consent to debate - date TBD
D = Democrats offer to debate - date TBD
v = Debate and vote scheduled
V = Vote -on the nomination- concluded
x = Nomination returned to the President - President renominated
X = Nomination returned to the President - President capitulated

       --S  --  C--  Boyle, Terrence W.       (4th Cir)
       ---  -R  ---  Haynes, William James II (4th Cir)
       F4S  M-  CUV  Owen, Priscilla          (5th Cir)
       F-S  --  CUV  Griffin, Richard A.      (6th Cir)
       F-S  --  CUV  McKeague, David W.       (6th Cir)
       --S  --  -DV  Neilson, Susan Bieke     (6th Cir)
       F--  mR  ---  Saad, Henry W.           (6th Cir)
       F4S  mR  C--  Myers, William Gerry III (9th Cir)
       F4S  M-  CUV  Pryor, William H.        (11th Cir)
       F4S  M-  CUV  Brown, Janice Rogers     (D.C. Cir)
       --S  --  CUV  Griffith, Thomas B.      (D.C. Cir)
       ---  -R  --x  Kavanaugh, Brett M.      (D.C. Cir)
       ---  --  ---  Payne, James Hardy       (10th Cir)
       ---  --  ---  Smith, N. Randy          (9th Cir)
       ---  --  ---  Chagares, Michael A.     (3rd Cir)

Last updated, January 26, 2005

Owen: Cloture passed 81-18 on May 24. Confirmed 55-43 on May 25.
Brown: Cloture passed 65-32 on June 7. Confirmed 56-43 on June 8.
Pryor: Cloture passed 67-32 on June 8. Confirmed 53-45 on June 9.
Griffin: Confirmed 95-0 on June 9.
McKeague: Confirmed 96-0 on June 9.
Griffith: Confirmed 73-24 on June 14.
Neilson: Confirmed 97-0 on October 27.
Myers: Out of Committee on March 17.
Boyle: Out of Committee on June 16.
Kavanaugh: Returned to the President on December 22, Renominated on January 25.
Payne: Nominated on September 29.
Smith: Nominated on December 16.
Chagares: Nominated on January 25.

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