Posted on 11/20/2002 7:33:18 AM PST by xsysmgr
The Senate's online voting record shows simply that the nomination of Dennis Shedd to a seat on the Fourth Circuit Court of Appeals was confirmed last night by a 55 to 44 vote. But there was much more to it than that.
The 44 votes against Shedd, all Democrats, were the most that Democrats have been able to muster against any Bush judicial nominee who came before the full Senate for a confirmation vote. And in that is a message — and a threat — to President Bush.
Before last night's vote, Democrats worked hard to make sure they could come up with at least 41 votes against Shedd. Doing so would tell the White House that Democrats, even when they become the minority party in January, will still be able to derail any of the president's initiatives. Under the Senate's rules, the minority can filibuster any Senate action, and 60 votes are required to cut off debate. The 44 votes against Shedd, and the party discipline they reflected, showed that Democrats are able and ready to tie up the president's legislation in the coming Senate session.
"The message was, We can stop anything you want," says one Republican. "That was a goal of the Democratic leadership."
The vote was also something of a litmus test for Sen. Mary Landrieu. The Louisiana Democrat failed to win 50 percent of the vote in her reelection bid and now faces a runoff against Republican Suzanne Terrell on December 7. Republicans had been watching Landrieu closely. A vote in favor of Shedd would suggest that Landrieu was so concerned about her chances that she would not risk angering centrists in her state by voting against one of the president's nominees. A vote against Shedd would indicate that she was confident of victory and did not want to anger any of the liberal interest groups who support her campaign, particularly those that provide critical get-out-the-vote efforts.
In the end, Landrieu voted against Shedd. "I think her polling shows that she just needs to turn out her base and she'll win," says one Republican.
Shedd was the target of the strongest opposition inside the Senate Judiciary Committee since the coalition of Democrats and liberal interest groups derailed the appeals-court nominations of Charles Pickering and Priscilla Owen. Democrats portrayed Shedd as "insensitive" to the rights of minorities and hostile to the legal arguments of plaintiffs in employment-discrimination cases.
The nomination might have been defeated in the Judiciary Committee had not Delaware Democrat Joseph Biden announced that he would support Shedd. Since a committee vote would have resulted in Shedd's approval, committee chairman Patrick Leahy instead shelved the nomination. It appeared headed for indefinite delay when, on November 5, Republicans won control of the Senate. Last week, knowing that Shedd would soon be confirmed anyway, Leahy pushed the nomination through the committee on a voice vote (every Democrat except Biden opposed Shedd).
A planned filibuster against Shedd in the full Senate came to nothing, so in the end, Democrats used the nomination to send their "we've got 41 votes" message to the White House. While votes like the 90 to 9 approval of the Department of Homeland Security show that the president can exert enormous political pressure on his Democratic opponents, the Shedd vote showed that they can fight back, hard, whenever they see an opportunity.
W: "Zzzzzzzzzzzzzzzzzzzzzzzz . . . ."
The message is the RATS did not have the guts to filibuster after all becasue they know filibustering will take away from the time for other issues. I saw we steam roll em and let them bottle up the Senate. Lets make them look ridiculous.
Sarbanes and Mikulski of Maryland also need to avoid flying on small aircraft in inclement weather.
This message may have been intended for the White House but the Democrats should be worried that it is a message that is reaching average Americans and it is a message that is sinking in finally. The Domcratic Party is an obstructionist tool filled with obstructionist tools.
These wonderful folks who voted against Shedd will NOT be returning for the 108th Congress.
Barkley (I-MN)
Carnahan (D-MO)
Cleland (D-GA)
Landrieu (D-LA)(I Hope & Pray)
Torricelli (D-NJ)
He was replaced by the cadaver Lautenberg.
This actually makes 40 Senators to deal with assuming the night of the living dead Lautenberg will vote like the Torch. Maybe/Maybe not enough to continue a filibuster.
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