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I wouldn't give Chuckie's plan the effort it took to file it in the old circular file but the lawsuit idea works, I think.

I know some will point out that the courts hate to meddle in Senate internal affairs and that may well turn out to be the dicision, BUT a case can be made that since this affects the Executive branch too, it's no longer an "internal matter."

In any case, if it is timed right, it puts the stalling on the front pages if the SCOTUS agrees to at least hear it and I think that the Dems position won't play with the mushy middle who right now is just ignoring the thing.

Politically, having a court case on the way to the SC is a winner in an election year.

which might be the best way to get the Dems to back away.

After all, even THEY have enough sense to know that Teddy Kennedy calling Janice Rogers Brown a "neanderthal" on the evening news is a losing position.

Don't they? If not, so much the better for us.

1 posted on 11/14/2003 10:00:15 PM PST by WillRain
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To: WillRain
Oh but the Atlanta Urinal Constipation forgot one thing..... Democrat Zell Miller also said this evening on Scarborough Country that he would also be on board in the lawsuit.
2 posted on 11/14/2003 10:02:10 PM PST by rs79bm (Insert Democratic principles and ideals here: .............this space intentionally left blank.....)
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To: WillRain
They're tilting at windmills.

SCOTUS won't touch this. Separation of powers. The Constitution gives the House & Senate the power to set thier own rules. If they don't like the rules, they can change them.
3 posted on 11/14/2003 10:02:48 PM PST by Keith in Iowa (Tag line produced using 100% post-consumer recycled ethernet packets,)
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To: WillRain
It would seem to me that Article 1 Section 5 2nd paragraph will force the Senate to solve their own problems.
4 posted on 11/14/2003 10:06:56 PM PST by Libertarianize the GOP (Ideas have consequences)
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To: WillRain
"They stopped something like 70 of President Clinton's nominees -- 70. We've stopped two of President Bush's. The thing I'm always impressed with is they can actually make the claims with a straight face."

The difference being that the Republicans had the majority when they stopped Clintons judges. Having the majority should mean something.

18 posted on 11/14/2003 10:55:37 PM PST by ProudGOP
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To: WillRain
This is really all Bush's fault. If he had any balls, he would recess appoint these judges. Then the tables would be turned and it would and the democrats would need 60 votes to end the debate to remove them. All the gutless Repubs would need to do is keep one person on the floor to object whenever the rats called for cloture.
21 posted on 11/14/2003 11:06:49 PM PST by RatSlayer
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To: WillRain
Teddy Kennedy calling Janice Rogers Brown a "neanderthal" on the evening news

Which evening news programs showed this?

24 posted on 11/14/2003 11:36:57 PM PST by Jeff Chandler (I'm a racist, you're a racist, we're all racists, hey!)
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To: WillRain
"Freshman Sens. Saxby Chambliss of Georgia and Lindsey Graham of South Carolina said Wednesday they have their staffs as well as outside experts looking at whether such a suit -- filed, in essence, against the Senate itself -- would be feasible."

Are you kidding me?

If O.J. Simpson can get away with cold-blooded murder on national television with 100 million people watching, don't you the the DemoRATS can find a good enough weasel (lawyer) to get them past a filibuster?

35 posted on 11/15/2003 5:22:31 AM PST by Happy2BMe (Nurture terrorism in a neighborhood near you - donate to your local community mosque.)
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To: WillRain
After all, even THEY have enough sense to know that Teddy Kennedy calling Janice Rogers Brown a "neanderthal" on the evening news is a losing position.

Are you telling me that Kennedy used the 'N-word' against Janice Rogers Brown? Where is the media outrage?????? I think that Kennedy needs to immediately apologize. Hmmm, I wonder if Kennedy considered Mary Jo Kopeckne a neanderthal too????

36 posted on 11/15/2003 5:24:36 AM PST by eeriegeno
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It's an interesting avenue for the Senators to pursue.

To those who say the SCOTUS won't take it, flat out, I say there are good arguments on both sides of that issue. The courts indeed get involved in separation of powers cases, but the threshold is not clear.

Purely hypothetical, but what if the Senate rules required unanimity for signing on to a treaty, in clear contravention of the Constitutional requirement for 2/3rds? That would effectively neutralize the Presidential power to make treaties. Similarly, in the case at hand. the President's power to approve Article III judges has been tipped.

Further, the Constitution provides for Senate oversight for Supreme Court nominees, and that the Congress can make laws prescribing the process for lower court judges (District and Circuit courts, in this case). Notice that the Constitution says the -mandatory- laws prescribing filling those lower offices may "... vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." This clause intimates a limit on Senatorial power, and that for inferior Officers, the appointment power can be vested in the President alone, or in the courts -- but NOT interposing a higher barrier for appointment than the advise and consent of the Senate. It happens that the relevant statutes (for filling Disctict and Circuit Court vacancies) recite an advice and consent requirement, but the Constitution does not mandate this.

Clearly, if the Senate rules required unanimity in order to produce the advise and consent the Constitution requires for Supreme Court nominees, thereby permitting a single Senator to thwart the President in the exercise of his Constitutional power to fill a Supreme Court vacancy, we would have a Constitutional crisis. Would the SCOTUS take such a case? If yes, then we are talking about the threshold for taking a case. The Senate rules are now being used to effectively permit a minority of Senators to do precisely that, block Presidential appointments. The suit would be stronger if the President joined it, but I think the suit is ripe.

There is no doubt in my mind that the Democrats are perpetrating a Constitutional Crisis, and I sincerely hope they are called out on it.

As to whether or not the SCOTUS will take the case, I don't know. The point of this one-sided missive was merely to assert that the issue is legitimately arguable. It is not a cut and dried matter, and if the case is brought, the SCOTUS would be compelled to at least issue an opinion explaining why it is denying to become involved.

37 posted on 11/15/2003 5:41:29 AM PST by Cboldt
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To: WillRain
There are at least 3 GOP Senators. Hatch is also a sponsor.
40 posted on 11/15/2003 5:55:33 AM PST by Consort
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To: WillRain
Let's see..... The purpose of filing Cloture is to end the debate. Yes? No? And the Democrats are filibustering by voting against invoking Cloture, thus prolonging the debate. Yes? No? And they are complaining because the debate is ongoing and won't end. Yes? No?
43 posted on 11/15/2003 6:06:10 AM PST by Consort
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