[Cboldt]

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.

Additional source material

• Senate List of Nominations in Committee (not only judicial)
• Judiciary Committee List of Nominations in the 109th Congress
• Senate Executive Calendar (changes each business day)
• Specter's Speech of May 9, 2005 (109th Congress - Pages S4632 - S4636)
• Senators' Memorandum of Understanding - May 23, 2005
• Reid's agreement of May 24, 2005 (S5857)
• AP Report Reid wants to filibuster Haynes & Kavanaugh - May 28, 2005
• Fox News Report Reid will filibuster Saad & Myers - May 29, 2005
• Boyle was nominated to 4th Cir. in 1991 too, by GHWB
• Dec 1, 2005: Anticipation of N. Randy Smith Nomination
• Nov 8, 2005: Two Smiths set to be named to Ninth Circuit
• Jan 7, 2006: Hillary! accused of being behind the Kavanaugh return

[A.Hun]

Excellent info!

I am not sure that either the Dems or Frist would allow that to happen for less than a Supreme Court nominee at this point. IMHO Frist is a wuss, and the dems will have to have something to use if Ginsburg retires.

My major point is that we had the resources available to stop this ridiculous tactic (it might have taken Cheney's vote to break a tie) and McCain for vanity nixed it.

It is just a Senate rules change, so the scenario could arise again. In the meantime, I believe it colored the President's thinking when he nominated Miers, and has overshadowed the entire nomination process.

Once again cboldt, what a good post. Bookmarked for future reference!

[Barset]

Excellent post. Thanks.