'Splainin' the GOP Estrada Strategery (as I understand it writes Rush Limbaugh)

rushlimbaugh ^ | 3/3/2003 | rushlimbaugh

[TLBSHOW]

'Splainin' the GOP Estrada Strategery

Let's retrace our steps here on this Miguel Estrada business from last week because this is what caused hell to break loose. There was a Fox News story on Friday that said essentially that the Republican Senate leadership had decided they weren't going to win this battle, so they were going to call for a cloture vote, with only 55 votes for Estrada, which would mean he would lose. This would also mean that the Democrats would be successful in corrupting the Constitution.

The Constitution says that judges need only a simple majority, 51 votes to be confirmed. Well, Estrada, if they call this vote, is going to get 55 and lose. That's tearing up and shredding the Constitution. We'd heard all along that the Republicans are going to hold fast, make sure the Democrats continue to filibuster until they tire of it, and President Bush said last week that he would stand by this nomination until Estrada is confirmed. Then this Fox story came along, making it look like the Republican leadership was going to give up. This caused us to get a couple phone calls, one from Senator Rick Santorum's office, and one from the office of Senator Orrin Hatch saying that the Fox News story was not totally correct, that they are not caving, and that they're going to hang tough.

GOP Senators May Call Democrat Bluff

Over the weekend, the strategery became a little clearer. I've been under the impression that if the Republicans call for a vote and lose it, it's over and Estrada is defeated. But that's not the case. Here's why: The only way you can end a filibuster is to beat it with 60 votes or to have the side conducting it give up. So the strategy here is to call a vote and lose it and call another vote and call another vote and keep making the Democrats vote against a Hispanic nominee, vote and vote and vote and vote so that these Democrats are on record time and again voting against the first Hispanic nominee to the U.S. Circuit Court of Appeals.

Now, I don't know if this strategy will prevail, but it's thought by some that this could force the Democrats' hand. The Democrats might not even want one vote. They're just bluffing, trying to convince the Republicans they don't have 60 votes, so they shouldn't even call for the vote, because they don't want to set the precedent of a nominee needing 60 votes, whereas the Constitution says he only needs 51.

The Republican answer to this is, "Oh, yeah, fine? You guys say you have the votes, let's see them. Go ahead and vote against Estrada - then explain it your Hispanic constituents." We'll just have to wait and see if this is how it plays out, but this is the GOP Senate strategery, as I understand it.

Listen to Rush...

(…discuss the GOP strategery on the Estrada nomination and vote) (… take calls on what the Estrada fallout will be for Democrats)

Read More of Rush's Estrada Nomination Coverage... (From February 28, 2003: Idiot GOP Senate Set to Shaft Estrada?)

Read the George Will Column on Estrada...

(Washington Post: Coup Against the Constitution - George F. Will)

Read the Questionable Fox News Article...

(FoxNews: Republicans Seek to End Debate on Estrada)

[TLBSHOW]

Have at it folks this is the GOP way to win as explained by Rush as best he understands it. ......

We'll just have to wait and see if this is how it plays out, but this is the GOP Senate strategery, as I understand it.

Rush Limbaugh

[NeoCaveman]

I've been under the impression that if the Republicans call for a vote and lose it, it's over and Estrada is defeated. But that's not the case.

I respect Rush more than ever, because he was able to admit that he did not understand the strategery. That takes a big man to do.

[spokeshave]

works for me

[I still care]

From what I understand, the Hispanics in Louisiana are furious with Landrieu. She promised she wouldn't vote against Estrada in her campaign (she claims she never promised that but that was the public perception). Now she is stabbing them in the back, in the belief that in 6 years they will have forgotten all about her duplicity.

[Grand Old Partisan]

Rush and the rest of America may soon be learning of at least two new approaches to secure confirmation for Miguel Estrada! Here's one a hint for one: William D. Crum

[MonroeDNA]

Rush is right, but some of us called this more than a week ago.

[TLBSHOW]

I think he is only repeating what the GOP strategery was as best he understands it. Did you read this?

Unconstitutional filibuster

WASHINGTON--The president, preoccupied with regime change elsewhere, will occupy a substantially diminished presidency unless he defeats the current attempt to alter the constitutional regime here. If at least 41 Senate Democrats succeed in blocking a vote on the confirmation of Miguel Estrada to the U.S. Court of Appeals for the D.C. Circuit, the Constitution effectively will be amended.

If Senate rules, exploited by an anticonstitutional minority, are allowed to trump the Constitution's text and two centuries of practice, the Senate's power to consent to judicial nominations will have become a Senate right to require a 60-vote supermajority for confirmations. By thus nullifying the president's power to shape the judiciary, the Democratic Party will wield a presidential power without having won a presidential election.

George Will

http://www.townhall.com/columnists/georgewill/gw20030227.shtml

[TLBSHOW]

I hope it works.

[MonroeDNA]

Dittoes to ya!

Didn't you also say that there is an arcane rule where the Preisident of the Senate (Cheney) can call for an immediate vote?

Or was that another respected Freeper?

[NeoCaveman]

I read the George Will article last week.

[Grand Old Partisan]

Guilty as charged!

[TLBSHOW]

From what I understand, the Hispanics in Louisiana are furious with Landrieu. She promised she wouldn't vote against Estrada in her campaign (she claims she never promised that but that was the public perception). Now she is stabbing them in the back, in the belief that in 6 years they will have forgotten all about her duplicity.

.....

Look at this from a Rush Story February 12, 2003

.....

Estrada Betrayed By Landrieu; Bashed By Schumer & Menendez; Frist & GOP Fight for Historic Hispanic Nominee


On Wednesday, I broke down the truth behind this Senate confirmation battle over President Bush's nominee for the D.C. Circuit Court of Appeals: Miguel Estrada. You can hear me touch on all the points of this hot issue - from Mary Landrieu's flip-flop to Democratic "weapons of mass obstruction" - in the audio links below.

Judgeships matter, folks, so listen up.

Liberals want activists on the bench who will write instead of just interpret law, because that's the only way they can advance their unpopular agenda. Mr. Estrada will be a good judge; the Democrats are opposing him because he doesn't match their litmus test for judicial activism. They always complain that Republicans have these tests, but they think they're just fine on their side. They don't want a man like this on the bench - where he'll be, it's said, on the fast track to the Supreme Court.

This will be a big test for Senate Majority Leader Bill Frist (R-TN), because the Democrats are threatening a filibuster. Frist made a good start by calling the Democrats' bluff. Usually the mere threat of a filibuster is enough to derail a vote. But Frist is challenging the Democrats to go out on the Senate floor, in full view of the C-Span2 cameras, and use this trick to prevent the first Hispanic from sitting on this court.

There aren't enough Democrats willing to do that, and Frist needs 60 votes to break the filibuster. With my audio comments on Mr. Estrada, you'll hear some funny bites of Judiciary Committee Chairman Senator Orrin Hatch (R-UT) hammering away at Senator Harry Reid (D-NV). Reid either wasn't paying attention, or pulled the tactic of deliberately misunderstanding when Republicans said that these rabid leftists are deploying "weapons of mass obstruction" on Estrada. The truth really gets to these guys when the GOP has the grapes to point it out.
http://www.rushlimbaugh.com/home/daily/site_021203/content/truth_detector.member.html

[Cboldt]

arcane rule where the Preisident of the Senate (Cheney) can call for an immediate vote?

My understanding of the arcane rule, and the example used by the author of the book, was the VP ordering a matter out of committee, and onto the Senate floor. As the Estrada nomination is already on the Senate floor, this tactic is not relevant.

[Cboldt]

arcane rule where the Preisident of the Senate (Cheney) can call for an immediate vote?

One other point . . . any Senator can "call for the vote" on Estrada. That has happened several times over the course of the past few weeks. Each time there was a call for a vote, one DEM objected, so debate was continued.

[Grand Old Partisan]

It's not at all so cut-and-dried as that....

[MonroeDNA]

If you don't mind, and if you would be so kind, could you possibly explain the procedure again?

I really like it!

[Grand Old Partisan]

It's in the hands of the specialists now.

[MonroeDNA]

Hey, thanks for the clarification. I am rather ignorant on Senate procedures and rules.

Freegards,

[MonroeDNA]

May I ask, what is your opinion on the most likely outcome?

[Cboldt]

I am no expert on Senate rules either, but am learning.

Cloture is the means where 60 members of the Senate decice that one matter will be the SOLE object of discussion, until it is voted up or down. If 60 Senators can't agree on clouture, the matter remains one of (several) matters that the Senate can debate.

One Senator can object to a vote being taken, and thereby keep a matter from coming to a vote, that is, unless 60 Senators over-ride.

Cloture votes have to be "announced" nominally 48 hours before they are taken, by filing a motion for a cloture vote.

Generally, Senate rules give lots of power to each individual Senator, and the process is designed to regulate the amount of debate.