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GOP Judicial Strategy (Will Use "Nuclear Option" If 'Rats Filibuster v. Janice Rogers Brown)
TownHall.com ^ | 2/5/05 | Robert Novak

Posted on 02/05/2005 9:54:30 PM PST by KentTrappedInLiberalSeattle

WASHINGTON -- Senate Republican leaders have decided to begin their use of the "nuclear option" -- forcing confirmation of President Bush's judicial nominations with a majority Senate vote -- on an African-American woman blocked by Democrats from a federal judgeship.

Associate Justice Janice Rogers Brown of the California Supreme Court was one of 16 Bush nominees for U.S. appellate courts whose confirmation was prevented by Democratic filibusters in the last Congress. With Republicans still short of the 60 senators needed to limit debate, the nuclear option will seek to confirm judges with a simple majority vote through parliamentary maneuvers.

Republican leaders considered waiting to use drastic tactics against a possible filibuster until Bush made his first Supreme Court nomination. They decided, however, to launch the offensive about a month from now by trying to confirm Brown.


TOPICS: Constitution/Conservatism; Editorial; Government; Miscellaneous; News/Current Events
KEYWORDS: 109th; filibuster; janicebrown; janicerogersbrown; judicialnominees; nuclearoption; robertnovak
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To: KentTrappedInLiberalSeattle
Uh huh, I remember this same claim being made twelve to eighteen months ago...right around the time Estrada was left twisting in the wind.
21 posted on 02/05/2005 10:48:10 PM PST by larryw408
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To: clee1

Pure fantasy, with the current crop of repubs, there isn't even a spitball option.

Nuclear option, HAH!


22 posted on 02/05/2005 10:52:54 PM PST by Dr.Zoidberg (Children classics updated for Islam, "If you're happy and you know it, go Kaboom!")
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To: jocon307

I've been saying the same thing for years. Make them talk talk talk. Let them go for 14 days straight.. they'll break eventually, just like the Rats in Texas who fled to another state. Call their bluff, and they'll eventually cave.


23 posted on 02/05/2005 10:54:07 PM PST by ambrose (...)
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To: ambrose

"Make them talk talk talk. Let them go for 14 days straight.."

Amen! It is all good. It preserves the constitution; it raises C-Spans ratings, it will make the press, it is the way to go.

What DO the pubbies fear, that they haven't done this already? Or is it, as I've surmised; just old boy laziness?


24 posted on 02/05/2005 10:59:29 PM PST by jocon307 (Vote George Washington for the #1 spot)
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To: Flux Capacitor
I wish that, instead of "the nuclear option", they'd call it what it is: "the constitutional option."

it pains me to see nuclear too, as if it is a bad thing. You are correct, it should be emphasized at every turn, "the constitutional option."

25 posted on 02/05/2005 11:01:02 PM PST by liberty2004
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To: KentTrappedInLiberalSeattle
Howabout actually forcing them to filibuster, for real? Let's see how long they can be inconvenienced. I have faith that God will give the greater stamina to the side which is in the right.
26 posted on 02/05/2005 11:01:53 PM PST by thoughtomator (reporting from Cylon-occupied Caprica)
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To: jocon307

They're just friggin' lazy!


27 posted on 02/05/2005 11:04:12 PM PST by ambrose (...)
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To: liberty2004

It's called the nuclear option because if it applies to judicial confirmations it will apply to everything else too, stripping the minority of a lot of the influence they could otherwise wield with the threat to hold up legislation.

However, nobody should cry a tear for the Democrats. They have used and abused the filibuster more than anyone in history; they are the only ones who have ever made it an expected, routine response to a majority proposal.

In a representative republic, the majority of the legislature rules, and if the minority can't respect that and choose its battles carefully, rather than engage in an all-out assault against the elected majority goverment, then they deserve to get declawed.


28 posted on 02/05/2005 11:07:21 PM PST by thoughtomator (reporting from Cylon-occupied Caprica)
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To: cajungirl
BTW didn't I read that if they are to do the nuclear option, that it has to be done soon as the senate convenes when the rules are set?

Am I wrong on that?

There are two ways to implement the so-called "nuclear option":

...One is, as you suggest, to explicitly change the Senate's rules of procedure at the outset of the session, so that a simple majority is all that is necessary to fulfill the Senate's "advise & consent" role.

...The other is to call for a point of order once cloture has failed, asking the chair to rule as to whether the Senate's rules require a super-majority for approval of a Presidential nominee (the current rules don't state it either way, they are simply following the precedent established by Tom Daschle when he was Majority Leader).

In the latter case, the Chair (being Cheney) will rule that a super-majority is unnecessary, debate is thereby closed and that it is time to vote on the nominee. A Democrat will obviously challenge this ruling, a vote taken, and a majority will support the chair's ruling (assuming that the RINOs and mavericks don't all defect).

My guess is that Frist has chosen the second way to break the filibuster out of deference to the RINOs and mavericks. They probably insist on giving the Democrats a chance to do the honorable thing -- but they probably won't. And when they don't, the RINOs and mavericks will then cast their vote to stifle them.

29 posted on 02/05/2005 11:45:09 PM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: KentTrappedInLiberalSeattle

"May use nuclear option..."

Do it! DO IT!

Is that what they've been carrying in those briefcases? (Do Bill Frist and Dennis Hastert have to push the buttons at the same time? Is there a launch code?)


30 posted on 02/06/2005 1:13:45 AM PST by MIT-Elephant ("Armed with what? Spitballs?")
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To: KentTrappedInLiberalSeattle
GOOD !
31 posted on 02/06/2005 1:15:39 AM PST by nopardons
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To: KentTrappedInLiberalSeattle
YOWZA!!!

I sure hope Novak has good information here. This is BIG!

(Cross-linking)

GO NUCLEAR! (Response to NRO Editorial)

32 posted on 02/06/2005 1:23:14 AM PST by Lancey Howard
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To: nopardons

And their talking point should be:

The Constitution says the Senate should "advise and consent" not "slander and destroy".


33 posted on 02/06/2005 1:25:57 AM PST by Tall_Texan (Let's REALLY Split The Country! (http://righteverytime3.blogspot.com))
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To: KentTrappedInLiberalSeattle
Whoa...
I went to the TownHall.com link and there was also this from Novak:

TAXING REPUBLICAN

Indiana's newly elected Republican Gov. Mitch Daniels, who stunned conservatives nationwide by proposing a huge tax increase for upper income Hoosiers, will not be disinvited to the annual Conservative Political Action Conference in Washington Feb. 17-19 because he actually never accepted the invitation.

Daniels was the only Republican governor invited to attend the prestigious event. Once the new governor raised taxes, there was no place for him at CPAC. However, since he never accepted, nothing need be done.

As President Bush's budget director, Daniels opposed all federal tax increases. In public, he contends that his state tax hike will be in effect for only a year before the state's budget shortfall is corrected. In private, he is delighted that, with the increase limited to incomes of more than $100,000, liberals cannot accuse him of balancing his budget on the backs of the poor.

This is the first I heard that Daniels is a scumbag. How disappointing....

34 posted on 02/06/2005 1:29:53 AM PST by Lancey Howard
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To: Txsleuth

he said he always WILL vote Democrat cause that is the way his momma taught him!

There are a lot of stupid people in the world, and some of them are Black. Some are union thugs, some are college professors. 'Rats come in many models, but they all have these blind spots where rationality would serve them so much better than inbred bigotry.


35 posted on 02/06/2005 1:30:16 AM PST by hinckley buzzard
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Comment #36 Removed by Moderator

To: Tall_Texan

Exactly! :-)


37 posted on 02/06/2005 1:53:16 AM PST by nopardons
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To: KentTrappedInLiberalSeattle

After observing the Dems confirmation of Gonzales as AG with little more than a whimper, this may not be necessary. If it is...go for it! The Constitution states a majority, and a majority it should be.


38 posted on 02/06/2005 2:14:24 AM PST by PJBlogger (BEWARE HILLARY AND HER HINO)
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To: KentTrappedInLiberalSeattle
Here we go again. Blah, Blah, Blah.

Like Eliza Doolittle in My Fair Lady: "Words, words, words, I'm so sick of words."

Just do it. The senate should outlaw the filibuster for presidential nominees. There is no reason for it. The senate is supposed to advice and consent.

And stop calling it the "nuclear" option, thereby implying its a radical, always to avoided unless absolutely necessary. Thats just playing the DEMS game.
39 posted on 02/06/2005 3:32:53 AM PST by rcocean
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To: rcocean
Though long overdue, forcing the Rats to besmirch another black conservative woman is brilliant politics.

This little drama will attract a great deal of attention by the MSM. On the heels of the Dr. Rice smearing, it can't help to alienate some of the black Democrat voting block. (Note I refrain from the term African American. We are just Americans)

If the Pubbies are able to attract 25% of the black vote, and 50% of the Hispanic vote in 2008. States like Michigan, Pennsylvania, Wisconsin, turn Red. Even New Jersey and California will be in play.

No wonder G.W.B. is hated by the left. He is destroying their electability.

Misunderestimated again!
40 posted on 02/06/2005 3:57:42 AM PST by Phoneman
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