G.O.P. Loses Filibuster Vote on Judicial Nominee

New York Times ^ | Friday, March 7, 2003 | By NEIL A. LEWIS

[JohnHuang2]

March 7, 2003

G.O.P. Loses Filibuster Vote on Judicial Nominee

By NEIL A. LEWIS

ASHINGTON, March 6 — Senate Republicans lost a crucial test vote today over President Bush's nomination of Miguel Estrada to the federal appeals court in Washington, gaining 55 votes, 5 short of the 60 needed to cut off debate.

Today's vote left only increased confusion over how the issue, with its complex brew of ethnic and judicial politics, will play out. Each side seemed increasingly obstinate, declaring that the other was trampling on the Constitution.

The Republicans hold a 51-49 majority in the Senate, enough to confirm Mr. Estrada. But the Democrats have been able to prevent a vote by or going into prolonged debate when the Republicans have sought to bring up his nomination.

The only way to break a filibuster is a parliamentary procedure requiring at least 60 votes, meaning the Republicans would need to persuade nine Democrats to join them.

Today, only four Democrats voted to end the filibuster, leaving the Republicans five votes short.

President Bush called the Democrats' action today a disgrace and said, "I will stand by Miguel Estrada's side until he is sworn in as a judge."

Just how long that will take was unclear. Republican leaders promised an unending string of efforts to break the filibuster, and Democrats said they would continue to block such efforts.

The Senate majority leader, Bill Frist, Republican of Tennessee, said that today's defeat was only the beginning of his party's efforts to see Mr. Estrada become the first Hispanic judge on the the United States Court of Appeals for the District of Columbia Circuit, widely regarded as second in importance only to the United States Supreme Court.

Usually, the failure of a motion to invoke cloture — breaking the filibuster with 60 votes — means the underlying issue or nomination is dead. But Dr. Frist and his fellow Republicans had expected to lose today, and they said they would continue to seek cloture votes.

"As long as it takes," Dr. Frist said.

This who-will-blink-first partisan showdown has come in the first few months of Dr. Frist's tenure as Republican leader. "I've tried to be reasonable and patient," he said, adding that "if we need to, we will have a cloture vote again and again."

His Democratic counterpart, Senator Tom Daschle of South Dakota, told reporters he was confident that no matter how many times the Republicans sought to break the filibuster, the Democrats' support would not erode further. The four Democrats — Senators John B. Breaux of Louisiana, Zell Miller of Georgia, Ben Nelson of Nebraska and Bill Nelson of Florida — who voted today with the Republicans had already announced their intentions to let a vote proceed.

Mr. Estrada, 42, a Washington lawyer, has extensive experience in arguing cases before the Supreme Court but has done little that would disclose his philosophical leanings.

But in the small world of elite Washington lawyers, Mr. Estrada is seen as a staunch conservative, and Democrats have asserted that he was chosen as part of what they say is President Bush's plan to pack the courts with conservatives.

The Estrada battle is part of a war between the White House and Democrats in the Senate over the authority for choosing federal judges.

When the Democrats controlled the Senate, in Mr. Bush's first two years in office, they moved slowly on approving his nominees in an effort to persuade him to choose fewer stalwart conservatives. But since the Republicans regained control of the Senate in January, they have tried to push through Mr. Bush's choices.

In a session of the Judiciary Committee today, for example, the Republicans used their majority to approve the nomination of Timothy M. Tymkovich to a seat on the United States Court of Appeals for the Tenth Circuit, based in Denver.

Mr. Tymkovich has been aggressively opposed by liberal advocacy groups, notably the Human Rights Campaign, a gay rights organization that said he had opposed laws that outlaw discrimination based on sexual orientation.

Most nominees deflect questions about their views when they are questioned by the Judiciary Committee, but Mr. Estrada may have been even more reticent and cautious. Democrats have asked the Bush administration to provide legal memorandums he wrote while a Justice Department official.

Alberto R. Gonzales, the White House counsel, said in a letter this week to Senator Daschle that he was disappointed the Democrats had not responded to his offer to have Mr. Estrada visit any senator who wanted to ask further questions. Senator Daschle today said the Democrats would settle for nothing less than Mr. Estrada's legal memorandums.

[JohnHuang2]

Friday, March 7, 2003

Quote of the Day by river rat

[Cboldt]

Surprisingly phrased article. It clearly says the Democrats are standing in the way, that there are enough votes to confirm the nominee.

The "spin" that there "was a loss on a crucial test vote" is cleared up later on, by saying the GOP expected to lose this one.

[MarkT]

To Bill Frist, the eunuch son of Trent "The Eunuch" Lott -

24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,24/7,24/7.24/7,24/7,

[Blood of Tyrants]

The "filibuster" is a sham unless the GOP makes the Rats physically DO a filibuster instead of this "gentlemen's agreement" BS.

[Cboldt]

The "filibuster" is a sham unless the GOP makes the Rats physically DO a filibuster instead of this "gentlemen's agreement" BS.

Many people share your sentiment, that the GOP has to invoke some process whereby the Senate is in session around the clock. The term "filibuster" is bandied about and there have even been protracted discussions about the definition (i.e., some taking and arguing "the Senate is in a filibuster," and other arguing "no it isn't, not until . . . ."). I find the "filibuster definition" discussion boring and tiresome.

What I would like to hear is a more particular description of the process, under Senate rules or otherwise, that will result in 24/7 Senate activity. We can speculate in that context of whether that action will result in the confirmation of Estrada, how it will affect the politial landscape for GOP and DEM parties, etc.

[TRY ONE]

"complex brew of ethnic and judicial politics"

What a bunch of sh*t --- it's not complex at all.
The RATS will only vote for someone whom they
think will crush the skull of the unborn and
throw the "unviable tissue mass" in the trash..

[kellynla]

MARINE BUMP! And pressure on Hispanic filled CA Senators Finestein and Boxer...

[TLBSHOW]

We have to force the democrats to a 24 7 filibuster

http://www.washtimes.com/op-ed/20030305-85303341.htm


This weekend would seem to be an opportune time for Republicans to put up a full-fledged floor flight against a filibuster on Mr. Estrada. It's time for Republicans to go to the mattresses — figuratively and literally. It's time for Republicans to march like the majority they are. It's time for Republicans to make 'em talk.

[hocndoc]

""Most nominees deflect questions about their views when they are questioned by the Judiciary Committee, but Mr. Estrada may have been even more reticent and cautious. Democrats have asked the Bush administration to provide legal memorandums he wrote while a Justice Department official.""

"May"?

I can't believe the Democrats are getting by with this trash. They need to be forced to *filibuster.*

Make them sleep deprived, and out will come the truth: they'll block anyone who is against killing human beings who aren't a danger to other human lives.

From my e-mail signature IRL:
"Crack the egg of a bird on the Endangered Species list and you'll find that it doesn't matter that the bird embryo or fetus can't survive outside the egg. You've still broken the Endangered Species Act. "

Perhaps, some day, the penalties will be at least as severe for killing a child as for killing an eagle.

After all, as someone who practices human medicine, I know that elective abortion kills humans. (and so do the pro-aborts.)

[ChewedGum]

I understand why they choose to link GOP and Lose in the headline, but a more accurate headline would be

"Democrats Vote to Continue Judicial Blockade."

Gum

[cynicom]

What part of 24/7 does clueless Frist not understand???? It seems he does not have the "time" or "inclination" to help Estrada. If Lott was a limp wimp, Frist is no better.

[Cboldt]

I commend you dedication to life, and share your revulsion at the practice of abortion.

As for Estrada's nomination, imagine that today, the GOP-led Senate were to come out and spend most of its time on Estrada, and further, forces the Senate into non-stop session. Put that in the context of President Bush's press conference yesterday. I think most of the public would sense a disconnect. That the GOP-leadership in the Senate was fixated on Estrada, while the President and most of the world is fixated on Iraq. I beleiev teh press would have a heyday with that disconnect. I believe the disconnect would do more harm to the advancement of Estrada to the bench, than it would to help.

But, your opinion that a 24/7 is the way to go is a popular one. Maybe even the majority position. You might be resolute in that opinion. I am resolute in mine, and it will be fine if we just agree to disagree on the subject of the wisdom of the path the GOP-Senate is taking.

[TLBSHOW]

DON'T YOU KNOW?

the democrats have won this one if we do not force the rats to go 24/7 and then if we do not do what is needed now you can kiss Owen and pickering and the Tax cuts goodbye.....

[TWRepublican]

President Bush should recess appoint all nominees during Easter recess. citing to the American public That we have a judicial crisis in this country and it is his responsability to fill these seats, and because of obstruction, he cannot. Pi$$ on the liberals, go pound sand!

[WhiteGuy]

Nice work as usual John,

I see this situation as being nothing more than both sides agreeing to set the bar at 60 votes for any legislation that might be controversial.

In short a cop out and lack of leadership.

[Blood of Tyrants]

From the Senate.gov website where the filibuster is discussed at length:

http://www.senate.gov/reference/resources/pdf/RL30360.pdf

The main problem seems to be this:

"There is no motion by which a simple majority of the Senate can stop a debate and allow the Senate to vote in favor of an amendment, a bill or resolution, or any other debatable question."

[TLBSHOW]

at the least that would really make the rats mad. lol

[lawnguy]

Would it be possible for the President to use this vote as moral authority for a recess appointment?

[TLBSHOW]

don't you know? they say they won't be paid if its a recess appointment. do you know if that is truth and if so so what...

[cynicom]

Several days ago, Fred Barnes on Fox said Estrada was toast. I think he was correct. This belief that some here profess about some overall "grand strategy" on the part of Frist, amazes me. I see nothing but partisan apologists that are unwilling to accept that the republicans have not the stomach to fight. Hatch and the rest put on a good show for tv, then go home empty handed, having danced to Daschles tune yet another day.