GOP Prepares for Filibuster Battle over Another Judicial Nominee

Even though the U.S. Senate appears headed for a filibuster over the judicial nomination of Priscilla Owen, a senator from her home state of Texas remains hopeful Democrats will avoid that route.

Sen. John Cornyn (R-Texas), who once served with Owen on the state supreme court, warned his Democrat colleagues that they would suffer politically for holding up President Bush's judicial nominees.

"Since the Democratic leadership feels like it's not had to pay a political cost for it, they see no reason to change their tune," Cornyn said. "I think we've got to find some way to hold them accountable, and I think that time is rapidly approaching."

He said Democrats are becoming known as "obstructionists," and they're experiencing voter dissatisfaction for their inflexible positions on matters like the Department of Homeland Security and terrorism insurance - two issues Cornyn said hurt them in this past November's elections.

No one knows for sure if the Owen nomination will lead to a filibuster, a tactic Democrats have used to hold up the confirmation of Miguel Estrada to a post on the D.C. Circuit Court of Appeals.

Bush nominated Owen, a Texas Supreme Court justice, for a vacancy on the U.S. Court of Appeals for the 5th Circuit. Although her first confirmation failed when Democrats controlled the Senate, Bush re-nominated her after Republicans won control of the Senate in the 2002 elections. The Judiciary Committee approved the nomination March 27 on a party-line vote.

The Committee for Justice, a conservative group established to defend and promote Bush's judicial nominees, directed criticism earlier this month at a group of moderate Senate Democrats who are opposing Owen.

Sean Rushton, the group's executive director, accused Democrats of carrying out an unprecedented and unconstitutional fight by using a filibuster to hold up the nominations. He said the Committee for Justice is preparing a campaign to defeat these senators in 2004.

Among the Democrat incumbents the group plans to target are Sens. Even Bayh (Ind.), John Breaux (La.), John Edwards (N.C.), Byron Dorgan (N.D.), Bob Graham (Fla.), Fritz Hollings (S.C.), Harry Reid (Nev.), Tom Daschle (S.D.) and Blanche Lincoln (Ark.).

"They should remember they may be taking their cues from [Sen.] Ted Kennedy, but they don't get to run for re-election in Massachusetts," Rushton said.

But even beyond the political consequences, Rushton said he worried about the damage that would result from the filibuster strategy used by Democrats. Estrada's nomination marked the first time senators used their filibuster power to derail a judicial nominee.

Cornyn raised the idea that a court might need to enter into the debate. Sixty votes are needed to override a filibuster, and Republicans have only been able to peel off a few Democrats to garner 55 votes.

Several liberal groups, including the National Organization for Women and the National Women's Law Center, which have publicly stated their opposition to Owen, did not return phone calls.

Earlier this month, however, Marcia D. Greenberger, co-president of the National Women's Law Center, warned about the dangers Owen would pose if she was granted a seat on a federal circuit court.

"All judicial nominees should be required to demonstrate that they have a commitment to the fundamental constitutional principles and statutory provisions that protect women's legal rights," she said. "Justice Owen's record actually showed hostility to the core rights and principles that American women depend on."

Owen's critics have complained about her interpretation of a parental notification law dealing with abortion. But Cornyn defended her handling of the case.

"It is a law she did not write; it was written by the Texas Legislature," he said. "And unlike legislators, when an issue comes before a court, a judge doesn't have the option of saying, 'No, I don't want to decide this one, it's too controversial.' A judge is obligated, and duty bound, to decide each and every case that comes before them to the best of their ability."

Therefore, notwithstanding the Senate's rules, I have directed the Clerk of the Senate to schedule a vote on the nomination of Miguel Estrada to occur at _______________. I have directed the Clerk of the Senate to schedule votes on the other nominees whose confirmations have been filibustered by the Democratic minority every 48 hours thereafter.

Frist better know he's got the support of Snowe, Collins, and Chaffee on something like this or it would blow up in his face, big time.

You don't fire a silver bullet, and miss.

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.

Freepers, rather than waiting to see what happens with Estrada, we need to take the lead. That means presuring Senators, special interest groups, media organizations, etc. This thread is meant to be an ongoing effort to get this man confirmed. For too many years liberals have had their way on the courts. Now, President Bush is in a position to move the courts to the right. The election of '02 showed that the country is with the President. I think it's time to let Daschle, Hillary, and Pelosi know this is Bush country. Are you with me! Let's FREEP these people.

http://www.freerepublic.com/focus/f-news/847037/posts

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.