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Lessons of the Estrada Defeat
Legal Theory Blog ^ | September 4, 2003 | Prof. Lawrence Solum

Posted on 09/04/2003 3:47:38 PM PDT by pogo101

Withdrawal: What Does Estrada's Decision Mean?



TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; Politics/Elections
KEYWORDS: estrada; filibuster; judiciary; lessons; nuclearoption; senate
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Lengthy but intriguing law-prof analysis of What Went Wrong and Whither Go We Now.
1 posted on 09/04/2003 3:47:39 PM PDT by pogo101
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To: pogo101
This is the best, clearest explication of the political and legal issues in bench nominations that I have ever read. And I say that as someone who has practiced in the Supreme Court for decades, and followed the subject closely.

Congressman Billybob

Latest column, "We Are Running for Congress -- Maybe," discussion thread on FR.

2 posted on 09/04/2003 4:02:34 PM PDT by Congressman Billybob (Everyone talks about Congress; time to act on it. www.ArmorforCongress.com)
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To: Congressman Billybob
That means a lot coming from you, William Robert, thanks -- actually I wasn't sure I should bother posting it! Glad I did, then.

(Full disclosure: the posting script program of FR initially blocked this posting because its source is a "blogspot." The program was going to force me to post in General Interest, which has no categories for politics or the judiciary; only News does. So I cheated: I added extra spaces around the "dot" in the source URL.)
3 posted on 09/04/2003 4:05:29 PM PDT by pogo101
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To: pogo101
Good post on a bad day.
4 posted on 09/04/2003 4:15:47 PM PDT by LisaFab
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To: Congressman Billybob; pogo101
So what do you think are the chances that GW will work towards a "perfect storm," by nominating Al Gonzalez for the Estrada seat and waiting for a filibuster of Hispanic #2(Gonzalez); a Black Woman (Brown); a White Woman (Owen); and, a White Man (Pryor)?
5 posted on 09/04/2003 4:25:40 PM PDT by Kaisersrsic
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To: pogo101
"Although the Republican leadership gestured toward the nuclear option, in the end the Democrats prevailed and Estrada withdrew"

The Democrats should NOT have prevailed!

6 posted on 09/04/2003 4:26:16 PM PDT by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: pogo101
Awesome post. Thank you!
7 posted on 09/04/2003 4:26:28 PM PDT by Huck
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To: Kaisersrsic
Low. Because I think Bush is holding back Gonzalez for a SCOTUS seat.
8 posted on 09/04/2003 4:27:13 PM PDT by pogo101
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To: pogo101

I can sum up the problem in 6 words: Republican Senate leadership is an oxymoron.


9 posted on 09/04/2003 4:28:16 PM PDT by Keith in Iowa (Tag line produced using 100% post-consumer recycled ethernet packets,)
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To: pogo101
I tried clicking on the Blog link but all I get is some search engine.?
10 posted on 09/04/2003 4:33:47 PM PDT by tet68
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To: pogo101
24/7 Won't Work The contemporary filibuster is a polite affair. Charles Schumer does not talk through the night, bleary eyed and exhausted. Why not? Couldn't the filibuster be broken if the Republicans forced the Democrats to go 24/7? No. Because the 24/7 option actually gives an advantage to the minority. Why? In order to force a 24/7 filibuster, the majority must maintain a quorum at all times, but the minority need only have one Senator present to maintain the filibuster. So 24/7 both exhausts and distracts the majority, while allowing the minority the opportunity to rest and carry on their ordinary business.

Not necessarily true. The majority can have a quorum call as often as they wish and send the sgt at arms and capital police to arrest the dems and bring them to the floor. They will get just as tierd, and look as foolish as the Texas State Senate hidfing in New Mexico.

SO9

11 posted on 09/04/2003 4:34:56 PM PDT by Servant of the Nine (A Goldwater Republican)
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To: pogo101
good article - ping to myself
12 posted on 09/04/2003 4:39:06 PM PDT by Puddleglum
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To: pogo101
"The problem with recess appointments is that they expire at the end of the next term of the Senate."

I tried to point this out earlier today. Several times. People just don't want to listen and the Bush bashers are bound and detirmined to drown me out.

13 posted on 09/04/2003 4:44:14 PM PDT by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: tet68; All
Had to edit the URL slightly, as otherwise FR's programming would have blocked the posting in News.

Here is the proper link.
14 posted on 09/04/2003 4:44:46 PM PDT by pogo101
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To: cake_crumb
Something the author doesn't mention is that recess (judicial) appointees also are unpaid.
15 posted on 09/04/2003 4:46:27 PM PDT by pogo101
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To: Keith in Iowa
Correct - and next go round, the Republican "leadership" needs to toss around phrases that seem to work for the Rats....."Racism", "Hijacking the Constitution", etc., etc.
16 posted on 09/04/2003 4:47:40 PM PDT by ErnBatavia (40 miles inland, California becomes Flyover Country!)
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To: Congressman Billybob
Is the Filibuster of Judicial Nominees Now a "Custom of the Senate"?

Will this mean the end of the Supreme Court as we know it? What will happen in the future when no one will be approved and a vacancy needs to be filled??
Is there a Constitutional way to handle this?
17 posted on 09/04/2003 4:53:00 PM PDT by jrushing
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To: pogo101
"Something the author doesn't mention is that recess (judicial) appointees also are unpaid."

Yep, that's true too.

18 posted on 09/04/2003 4:55:10 PM PDT by cake_crumb (UN Resolutions = Very Expensive, Very SCRATCHY Toilet Paper)
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To: Dane; Miss Marple; PhiKapMom
Worth a read... long but interesting
19 posted on 09/04/2003 5:00:48 PM PDT by deport
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Bump for later.
20 posted on 09/04/2003 5:04:53 PM PDT by StriperSniper (The Federal Register is printed on pulp from The Tree Of Liberty)
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