Democrats plan filibuster against Texan Owen's nomination - GOP criticizes 'obstructionist' tactic

The Dallas Morning News ^ | April 30, 2003 | By TODD J. GILLMAN / The Dallas Morning News

[MeekOneGOP]

Democrats plan filibuster against Texan Owen's nomination

GOP criticizes 'obstructionist' tactic against Bush nominees

04/30/2003

By TODD J. GILLMAN / The Dallas Morning News

WASHINGTON – Senate Democrats deployed their strongest weapon against another judicial nominee Tuesday, vowing to filibuster Texas Supreme Court Justice Priscilla Owen as a conservative activist who they say doesn't deserve a seat on a federal appeals court.

Republicans decried the tactic as "obstructionist."

Senate Democratic leader Tom Daschle of South Dakota said, "Her record is so egregious that we have no choice but to filibuster."

Democrats are already using the parliamentary tactic to keep conservative lawyer Miguel Estrada off the U.S. Circuit Court of Appeals for the District of Columbia, the court widely regarded as second only to the Supreme Court in prestige and influence.

Republicans have tried four times in the last three months to force a vote on Mr. Estrada, but they haven't come up with the 60 votes needed under Senate rules. Democrats say they also have enough votes to block a confirmation vote on Justice Owen – a boast that Republicans plan to test Thursday.

President Bush named Justice Owen to the 5th U.S. Circuit Court of Appeals in New Orleans nearly two years ago. But Democrats have blocked that, saying her record on Texas' highest court indicates a pro-business bias.

"Her record on the Texas Supreme Court is one of activism and hostility to civil rights," said Sen. Edward Kennedy, D-Mass. "It's shameful and shocking that the administration is so bent on packing the judiciary with nominees like ... Priscilla Owen."

Texas Sen. John Cornyn, a Republican who served on the Supreme Court with Justice Owen, defended her record and criticized the partisanship that has stalled her nomination for nearly two years.

"By any fair measure, Justice Owen is an exceptional judge and an excellent nominee," he said. "Two years is too long."

The Democrats' move to block her confirmation sparked a fresh round of recriminations, with Republicans accusing them of abusing Senate rules to derail appellate court nominees, and Democrats saying that the president and his Senate allies have left them little choice.

The sides traded charges for hours Tuesday afternoon on the Senate floor, just after the Senate confirmed another controversial nominee, former Ohio Solicitor General Jeff Sutton, for a seat on the 6th Circuit appeals court in Cincinnati on a 52-41 vote.

Two Democrats voted for Mr. Sutton, accused by some of working to curtail civil rights.

Many Senate Democrats wanted to filibuster against Mr. Sutton, too, Mr. Daschle said, "but we want to be selective. ... I don't want to abuse the practice of filibusters."

Utah Sen. Orrin Hatch, chairman of the Senate Judiciary Committee, said it was too late for that.

"If you don't approve, vote against them ... don't obstruct them," he said. "Don't do this anti-constitutional approach of filibustering."

Democrats said that when Democrat Bill Clinton was president, Republicans blocked many nominees without resorting to a filibuster by invoking a rule that let one senator put an indefinite hold on nominations. They noted that the Senate has confirmed all but three of Mr. Bush's 119 judicial nominees.

To deflect Republican attacks, Mr. Daschle called for an immediate vote on one Hispanic nominee his party likes: U.S. District Judge Edward Prado, named by Mr. Bush to the same court as Justice Owen.

E-mail tgillman@dallasnews.com

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Online at: http://www.dallasnews.com/sharedcontent/dallas/nation/stories/043003dnnatowen.66c1d.html

[MeekOneGOP]

[borisbob69]

The dims are just jealous that none of their women are babes like this one...lol

[BOBTHENAILER]

Good post Mr. Meekster.

Senate Democratic leader Tom Daschle of South Dakota said, "Her record is so egregious that we have no choice but to filibuster."

Nanny, you seemed interested in mean Republican racist tactics in the Estrada nomination so I thought this one might interest you as well.

[MeekOneGOP]

Democrats said that when Democrat Bill Clinton was president, [A] Republicans blocked many nominees without resorting to a filibuster by invoking a rule that let one senator put an indefinite hold on nominations. They noted that [B] the Senate has confirmed all but three of Mr. Bush's 119 judicial nominees.

I bet that "A" & "B" is not true or is a distortion. Does anyone have the scoop on these statements ?

[Wphile]

Fine. Let them filibuster. Just make them do it 24/7. This filibuster "lite" that the GOP is letting the dems get away with isn't working. Nobody is noticing. I want to see bobby byrd reading from the frickin' phone book!

[aristeides]

Many Senate Democrats wanted to filibuster against Mr. Sutton, too, Mr. Daschle said, "but we want to be selective. ... I don't want to abuse the practice of filibusters."

Daschle means, we're only going to filibuster people like Hispanics and women, because we would have a harder time opposing their appointment to the Supreme Court.

[Cincinatus]

She looks a lot like Mara Liason, NPR political reporter and house-liberal on Fox News Channel's Brit Hume's Special report show. You know, the one who's butt Fred Barnes kicks every other night.

[MeekOneGOP]

The dims are just jealous that none of their women are babes like this one...lol

Yep ! Here is the best they can offer (barf alert) . . .

hitler e. clintoon

[MeekOneGOP]

Thank you, sir !

[Reagan79]

Where are the feminazis on this one? Pro Business? Good gosh that is the best reason they have?

[TLBSHOW]

Daschle had been exposed about the filibuster plan of all Judges and so he needed to try and show he wasn't trying to filibuster everyone.

[demsux]

I haven't seen them fillibuster anyone yet. We just keep letting them obstruct...MAKE THEM DO A REAL FILLIBUSTER.

Frist is Lott "lite".

[SpinyNorman]

Gadzooks!! Is that a real picture? I almost had a projectile vomiting event in my office when that creature reared her ugly head. And it is not like she "bloomed" when she got older, but at least they seemed to rein in those teeth. The term "snaggletoothed" comes to mind!

[cpdiii]

Any lawyer please respond:

Since the constitution is quite explicit on the role of the Senate to advise and consent and vote on judical nominations, is there a valid case that could be taken to the Supreme Court that the Parlimentary rules of the Senate are unconstitutional? Under the present rules it takes a
super majority, 60% to break the fillibuster and get a vote.
The constitution requires a simple majority 50% to confirm the nomination. In effect the fillibuster is changing the required percentage as defined in the constituion to confirm a nominee.

[thucydides]

President Bush is way ahead of the democrats. He will flood them with nominees. If they confirm no one, they will be in big trouble in the 2004 elections for irresponsible obstructionism. If they confirm only white males on the idea that women and hispanics would be tough to oppose for the US Supreme Court, that looks terrible too. If they confirm some, while obstructing others who have equally good or better credentials, they also take a hit. Consider the 2004 elections: Bush and the Senate Republicans go into it with strong national security credentials, advocacy of tax cuts, reform of social security, all winners. Democrats go in having obstructed all of them, and no other issue to offer.

[MeekOneGOP]

She looks a lot like Mara Liason . . .

I hadn't thought of it, but you're right. There is a resemblance . . .

[Salvation]

Priscilla Owen bump!

(The dims are at it again!)

I hope the GOP uses this [the democratic obstructionism] in the 2004 campaigns!

[ImpotentRage]

YES! YES! YES!!! When in the hell are the Republicans going to REALLY play hardball instead of this mamby-pamby way that Frist has been handling the judicial nominations. I want to see the Democrats sleeping on cots for a few weeks.

[MeekOneGOP]

I'm with you. A repeat of 2002 with the 'RATS losing even more seats in the House and Senate !

Plus Bush gets re-elected.