Senate Democrats Think They Can Block Pickering

Reuters ^ | January 9, 2003 | Thomas Ferraro

[Dog Gone]

WASHINGTON (Reuters) - Key Senate Democrats, eager for a high-profile debate on civil rights, said on Thursday they believe they will have the votes needed to block the appointment of Charles Pickering, who was renominated this week by President Bush as a federal appeals court judge.

Republicans control the Senate, 51 to 48 with one independent but under Senate rules, Democrats would need just 41 votes to prevent confirmation of Pickering, whose appointment is strongly opposed by civil rights activists.

"I haven't done a count but my sense is that we will have 41 votes," said Senate Democratic Whip Harry Reid of Nevada.

The battle promises to be reminiscent of the racially charged furor that last month brought down Pickering's friend and fellow Mississippian, Trent Lott, as Senate Republican leader. Lott bowed to public pressure and stepped aside as leader after making remarks seen as supporting segregation.

Democrats are calculating that a Senate debate on Pickering could enhance their credentials as allies of minorities and undermine Republican efforts to reach out to them.

Democratic Sens. Richard Durbin of Illinois and Hillary Rodham Clinton of New York agreed with Reid's assessment there would be the votes to block Pickering.

Sen. Charles Schumer, a New York Democrat helping lead the charge, said: "I'm hopeful, very hopeful. We are working on it hard. We are getting a very good response."

Republicans and Democrats traditionally permit up-or-down confirmation votes on the Senate floor on judicial nominees, and Republicans warned it would be a mistake for Democrats to stage a vote-blocking filibuster.

"If they hope to ever regain the Senate, they might want to think twice about this," Sen. Don Nickles, an Oklahoma Republican, said on Thursday. "Two can play this game."

Nickles said he was uncertain if Democrats could defeat Pickering with a filibuster, but he does not expect Bush to withdraw the nomination.

NOMINATION CARRIES A MESSAGE

"The president sent a message with the nomination that Pickering wasn't treated fairly by the last Senate and deserves to be voted on by the full Senate this time," said Nickles.

Last March, the Judiciary Committee, then led by Democrats, in a party-line vote rejected Bush's bid to elevate Pickering from a federal district judgeship in Mississippi to the 5th U.S. Circuit Court of Appeals in New Orleans.

The panel did so largely because of criticism of his civil rights record, which included his efforts as a judge to reduce the sentence of a man convicted in a 1994 cross-burning case.

Pickering was opposed by a number of groups, including the National Association for the Advancement of Colored People and the Leadership Conference on Civil Rights.

Yet he was backed by some key community leaders in his home state, including Charles Evers, brother of slain civil rights leader Medgar Evers. They noted the former state senator had the courage to oppose the Ku Klux Klan in the 1960s.

Bush marked the opening of the new Republican-led Senate on Tuesday by renominating Pickering and 30 other judicial nominees who failed to get confirmation in the previous Democratic-led chamber.

The Congressional Black Caucus, which helped topple Lott, on Thursday took aim at Pickering as well as many of these other conservative nominees.

"Confirming many of these nominees ... could completely overturn the progress toward national reconciliation that our nation has made during the last 50 years," said Democratic Rep. Elijah Cummings of Maryland, the group's chairman. The caucus is composed of 39 members of the House of Representatives.

[Once-Ler]

"If the Dems think they can block it now, when they're the Minority, why didn't they let it get out of the J. Committee for a vote on the floor, when they were in the Majority???? Hmmmmmm??"

What an excellent observation.
During the special session of Congress last year, ‘lil Tommy proved he could stop nothing.
Up till the last minute of voting Daschle declared his opposition to HLS.
When the smoke cleared it passed overwhelmingly.

What does embolden the ‘rats to think they can get away with their slander?
Trent Lott is one factor.
The ‘rats probably believe they were successful in removing him as SML.
They were not. It was the conservative wing that ousted Lott due to perceived caving in over Republican legislation. The praise of Strom was just the excuse.
Republican over-reaction by Dubya and others may have actually been beneficial to the Republican image, while media exposure of ‘rat hypocrisy with Sheets Byrd, and Hymie-Town Jackson has likely weakened the ‘rats.
The ‘rats are not suicidal however.
They need to refill the campaign coffers and they fear liberals more than the middle.
That is the real reason why they are "Obstructionists."
I'm sure their polling shows that the public doesn't appreciate the "loyal opposion" routine.
They are hoping people will forget 'cause they need money now to pay bills.
They will pay dearly when the elections return in 04.

[Ragtime Cowgirl]

Amen.

It wouldn't hurt to keep calling and e-mailing our Senators with support for Pickering, a condensed history of our non-racist Republican party, and this certificate:

	Proclamation of Amnesty and Pardon Granted to All Persons of European Descent Whereas, Europeans kept my forebears in bondage some three centuries toiling without pay, Whereas, Europeans ignored the human rights pledges of the Declaration of Independence and the United States Constitution, Whereas, the Emancipation Proclamation, the Thirteenth and Fourteenth Amendments meant little more than empty words, Therefore, Americans of European ancestry are guilty of great crimes against my ancestors and their progeny. But, in the recognition Europeans themselves have been victims of various and sundry human rights violations to wit: the Norman Conquest, the Irish Potato Famine, Decline of the Hapsburg Dynasty, Napoleonic and Czarist adventurism, and gratuitous insults and speculations about the intelligence of Europeans of Polish descent, I, Walter E. Williams, do declare full and general amnesty and pardon to all persons of European ancestry, for both their own grievances, and those of their forebears, against my people. Therefore, from this day forward Americans of European ancestry can stand straight and proud knowing they are without guilt and thus obliged not to act like damn fools in their relationships with Americans of African ancestry. Walter E. Williams, Gracious and Generous Grantor

Link

[oldtimer]

You nailed it Digger: Let these collectivist rat chunks of dog clinton filibuster themselves hoarse.

And like the rats who tried to infiltrate Free Republic used to say about Pat Buchanan, GO GEORGE GO!

We are truly engaged in total class warfare in this Country, and may GOD bless GWB!

[copycat]

collectivists...yuch. Back to the top.

[Puppage]

The Dem party is nothing but a high-output lie factory

It's more than that...The Democratic Party is a criminal enterprise

[Humidston]

The Rats remind me of an out of control spoiled kid throwing a tantrum in the middle of a fancy restaurant. So far, the Republicans represent over-indulgent, tentative parents who are afraid of their shadows.

I, for one, am ready to see those tentative "parents" apply some corporal punishment and kick the snot out of the brat. IMHO, we're Waaaay overdue.

[Gritty]

Bring on the filibuster. I can't wait for the entertainment value!

Can you just imagine the fun watching weeks full of bloviating Democrats reading recipes and the race track sheets on the floor of the Senate?

[leprechaun9]

The DEMOCRAPS should be prosecuted under the RICO statutes!

[Verginius Rufus]

Pickering's chances were discussed at some length on Brit Hume's program on Wednesday. The consensus seemed to be that he probably wouldn't be confirmed, but that because of the Democrats expending all their energies attacking Pickering, the other nominees would probably get through OK.

[Alberta's Child]

The interesting thing about the Supreme Court is that it will still function with fewer than nine members until new ones are confirmed.

Imagine the Democrats trying to filibuster a while string of nominations to vacancies on the Supreme Court. We'll end up with a whole sh!t-load of 2-1 decisions, with Scalia and Thomas continuously making Souter more irrelevant by the day.

[Mo1]

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[TC Rider]

Democrats like it when abortionists kill black babies;

That's what Nazi sympathizer Margeret Sanger's Planned Parenthood has always been about, abortion and sterilization of the 'underclasses'.

From the beginning to today, the most PP clinics have been in minority areas.

Yet, NOW, NARAL, the black caucus, and the Dems treat her like their patron saint.

[Kilborn]

Sorry about the flame...

Pickering has ruled against Miranda rights, one person-one vote doctrines and has written in his formal opinions about other judges and their viewpoints.

To his credit, he was in a legal/moral predicament about the Daniel Swan case in 1994...

[princess leah]

Hey, maybe Byrd will have a heart attack during his filli-blustering and he will be one LESS wastral up in Congress!

[votelife]

Dear President Bush,
With the Surpeme Court session getting ready to close, it may well be time for perhaps the most important domestic decision of your presidency: the appointment of a Supreme Court Justice(s). The main reason why I supported you in 2000 and why I wanted Daschle out of power in 02 (and 04) has to do with the courts. I want America courts to interpret law, not write law. During your presidential campaign you said Thomas and Scalia were your two model justices. Those are excellent models. The High Court needs more like them. Clarence Thomas recently said to students that the tough cases were when what he wanted to do was different from what the law said. And he goes by the law. This should be a model philosophy for our justices. Your father, President Bush lost his reelection campaign for 3 main reasosn, as far as I can see. 1. he broke the no new taxes pledge 2. David Souter 3. Clinton convinced people we were in a Bush recession (which we had already come out of by the time Clinton was getting sworn in)

I urge you to learn from all three of these: 1. on taxes, you're doing great. Awesome job on the tax cut. 2. good job so far on judicial appointments. I want to see more of a fight for Estrada, Owen, and Pickering, but I commend you on your nominations. 3. by staying engaged in the economic debate you'll serve yourself well

I have been thoroughly impressed with your handling of al Queida, Iraq, and terrorism. You have inspired confidence and have shown great leadership.

But I want to remind you that your Supreme Court pick(s) will be with us LONG after you have departed office. I urge you to avoid the tempation to find a "compromise" pick. Go for a Scalia or Thomas. Don't go for an O'Connor or Kennedy. To be specific, get someone who is pro-life. Roe v Wade is one of the worst court decisions I know of, and it's the perfect example of unrestrained judicial power.

I know the temptation will be tremendous on you to nominate a moderate. But remember who your true supporters are. I am not a important leader or politician. I am "simply" a citizen who has been an enthusiatic supporter of you. I am willing to accept compromise in many areas of government but I will watch your Court nomiantions extremely closely. What the Senate Dems are doing right now is disgusting, but as the President you have the bully pulpit to stop it. Democrats will back down if you turn up serious heat on them.

Moreover, I think public opinion is shifting towards the pro-life position. Dems will want you to nominate a moderate, but almost all will vote against you anyways. Pro-choice Repubs will likely still vote for you if you nominate a Scalia, after all, you campaigned on it. So Mr. President, I urge you to stick with your campaign statements and nominate justices who believe in judicial restraint, like Scalia and Thomas.

Happy Memorial Day and may God bless you and your family.