Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Filibuster of Judicial Nominees
NRSC Email ^ | March 11, 2005 | Elizabeth Dole

Posted on 03/13/2005 9:37:30 AM PST by Seadog Bytes

For the Week of March 7 - 11, 2005
The Filibuster of Judicial Nominees

Dear Republican,

In 1979 Senator Robert Byrd concluded that "Congress is not obliged to be bound by the dead hand of the past," that senators can "change an abominable rule by a majority vote" and that "it is in the interests of the Senate and in the interests of the nation that the majority must work its will."

I could not agree with Senator Byrd more, and for this reason it is high time the Democrats allowed President Bush's nominees the courtesy of up or down votes. Unfortunately, Senator Byrd and his colleagues have changed their tune since being in the minority. Senator Byrd loves to lecture about Senate history, and during his 47 years in office he has certainly seen his fair share. The problem with his recent lessons, however, is that he is selective with his memory.

The Washington Times explained in an editorial this week that, "Mr. Byrd led the charge to change the [Senate] rules in 1977, 1979, 1980 and 1987, and, in some cases, to do precisely what Republicans are now proposing."

But even more surprising than Byrd's argument were the words that he used to make his point. In comparing Republicans to Nazis, Senator Byrd said the following: "We, unlike Nazi Germany or Mussolini's Italy, have never stopped being a nation of laws, not of men. But witness how men with motives and a majority can manipulate law to cruel and unjust ends." Senator Byrd even likened Republican attempts to stop filibusters of judges to the crucifixion of Christ, the smearing of Columbus, and the torture of Christians.

As one would expect, Byrd's remarks were denounced by Jewish groups, the Anti-Defamation League, and many others. Senator Rick Santorum (R-PA) even called for an apology. But Senator Byrd's Senate colleagues rose to his defense. Immediately following Senator Byrd's diatribe, Senator Kennedy (D-MA) praised him "for his excellent comments," calling them "well thought out, reasoned, compelling, legitimate, and persuasive." Other Democrat Senators soon followed suit.

Then there's the always impartial New York Times' coverage of the filibuster issue. Ten years ago during the Clinton Administration, the paper called the filibuster "the tool of the sore loser" in an editorial. But this week in an editorial the paper supports "the historic role of the filibuster."

So how have we gotten to this point? The answer is liberal special interest groups are demanding that Senate Democrats require a supermajority (60 votes) to confirm the President's nominees. This obstruction is absolutely unprecedented. The filibuster now extends to circuit and even district court nominees. The Constitution requires that the Senate give its advice and consent to nominees. It does not require a supermajority - only a majority vote of the Senate. But instead, the Democrats are denying President Bush's nominees the courtesy of an up-or-down vote through the filibuster.

President Bush won three and one-half million more votes than his opponent this past November despite the fact that liberal special interest groups spent millions of dollars to defeat him. Since they lost at the ballot box, they now want to control the makeup of federal courts. Nearly one third of the President's court of appeals nominees are either currently being filibustered or have been blocked under the threat of filibuster. The traditions of the Constitution and the United States Senate call for the President's nominees to receive up-or-down votes under full consideration of the Senate. It is time to take the special interest groups out of the process of confirming judges and do what is fair, just, and consistent with traditional rules. Let's drop the tactic that the New York Times called "the tool of the sore loser."


Elizabeth Dole



TOPICS: Politics/Elections
KEYWORDS: byrd; democrat; dole; filibuster; hypocrisy; judicialnominees; kennedy; ussenate
Navigation: use the links below to view more comments.
first 1-2021-4041-47 next last
Elizabeth Dole gets it right!
1 posted on 03/13/2005 9:37:32 AM PST by Seadog Bytes
[ Post Reply | Private Reply | View Replies]

To: Seadog Bytes

fantastic post......thanks :)


2 posted on 03/13/2005 9:38:45 AM PST by kingattax ( "Evil triumphs when good men do nothing." -Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seadog Bytes

fantastic post......thanks :)


3 posted on 03/13/2005 9:39:24 AM PST by kingattax ( "Evil triumphs when good men do nothing." -Thomas Jefferson)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seadog Bytes

bump


4 posted on 03/13/2005 9:39:30 AM PST by missthethunder
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seadog Bytes
Senator Dole has done an outstanding job. Her speeches are always on the point and relevant.

This article is no exception.

5 posted on 03/13/2005 9:41:36 AM PST by OldFriend ("If there must be trouble, let it be in my day, that my child might have peace." Thomas Paine)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ConservativeMan55; 68-69TonkinGulfYachtClub; JulieRNR21; Cindy; Smartass; sweetliberty; ...

Refreshing!   I hope Bill Frist is paying attention!!!

   
click for more

(Please FReepmail if you want on, or off, this list. I certainly have no desire to increase anyone’s stress-level. Thanks!!!)

6 posted on 03/13/2005 9:41:55 AM PST by Seadog Bytes ("The love of liberty is the love of others; the love of power is the love of ourselves."-Wm. Hazlitt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seadog Bytes

If Bill Frist is not paying attention then the republicans need new leadership!


7 posted on 03/13/2005 9:45:30 AM PST by Prost1 (New AG, Berger still free!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Seadog Bytes
Check THIS out. A recent speech by John Cornyn (R-Texas):


(Texas Senator John Cornyn's)
Floor Speech: Judicial Nominations

Excerpt:

So my question is, to whom is the distinguished Democratic leader [Harry Reid] referring? None of President Bush's nominees have been turned down by the Senate-- none, zero. The nominees he referred to were denied a vote altogether. In fact, all of these nominees would have been confirmed last Congress had majorities been allowed to govern as they have during the entire history of this country and the entire history of the Senate -- save and except for the time when Democrats chose to deny a majority the opportunity for an up-or-down vote.

So I would say, correcting the record, it is a little difficult to turn down a nominee, as the minority leader has said, if the nominee never gets an up-or-down vote on the Senate floor.

Now, the second part I would like to correct is that when the Democratic leader was asked whether obstruction would create a 60-vote threshold for all future judicial nominees, he said:

It's always been a 60-vote for judges. There is -- nothing change[d].

He said:

Go back many, many, many years. Go back decades and it's always been that way.

Well, we took his advice, and we did go back over the years.

It turns out it has not always been that way. Indeed, there has never, ever, ever been a refusal to permit an up-or-down vote with a bipartisan majority standing ready to confirm judges in the history of the Senate until these last 2 years. Many nominees have, in fact, been confirmed by a vote of less than 60 Senators.

In fact, the Senate has consistently confirmed judges who enjoyed a majority but not 60-vote support, including Clinton appointees Richard Paez, William Fletcher, and Susan Oki Mollway; and Carter appointees Abner Mikva and L.T. Senter.


Click HERE for the full article.


8 posted on 03/13/2005 9:48:43 AM PST by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Seadog Bytes

bbbbtttttttttt


9 posted on 03/13/2005 9:49:19 AM PST by bitt ("Conservatism is the dominant political creed in America,")
[ Post Reply | Private Reply | To 6 | View Replies]

To: Prost1
RE: "If Bill Frist is not paying attention then the republicans need new leadership!"

...Watch list?   ...Did I hear you say...WATCH LIST...???!!!


10 posted on 03/13/2005 9:49:48 AM PST by Seadog Bytes ("The love of liberty is the love of others; the love of power is the love of ourselves."-Wm. Hazlitt)
[ Post Reply | Private Reply | To 7 | View Replies]

To: kingattax
RE: "fantastic post......thanks :)   ...fantastic post......thanks :)"

You can say that again!   [...grin]

Thanks!


11 posted on 03/13/2005 9:53:47 AM PST by Seadog Bytes ("The love of liberty is the love of others; the love of power is the love of ourselves."-Wm. Hazlitt)
[ Post Reply | Private Reply | To 3 | View Replies]

To: MeekOneGOP

Right as always, Meek!   Thanks!!!


12 posted on 03/13/2005 9:57:28 AM PST by Seadog Bytes ("The love of liberty is the love of others; the love of power is the love of ourselves."-Wm. Hazlitt)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Seadog Bytes

BTTT


13 posted on 03/13/2005 9:59:37 AM PST by SweetCaroline (I can do all things through Christ who strengthens me...Philippians 4:13)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All
Regarding Senator Frist's auditory abilities - they appear to be functioning quite well.

So, then FRers, just how does it feel to be ignored on this topic - and, similarly about RINO Specter before? [Perhaps, he as VACANT-Lott before him, Frist has inhaled too much hairspray!]

14 posted on 03/13/2005 10:14:25 AM PST by jamaksin
[ Post Reply | Private Reply | To 13 | View Replies]

To: Seadog Bytes

The dem's should start making the cool aid now.......


15 posted on 03/13/2005 10:48:55 AM PST by lionheart 247365
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seadog Bytes

Excellent! Thanks for posting this.


16 posted on 03/13/2005 10:51:07 AM PST by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seadog Bytes
(Cross-linking)

GO NUCLEAR!

17 posted on 03/13/2005 10:52:35 AM PST by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies]

To: Seadog Bytes
:^D

bump!


18 posted on 03/13/2005 10:56:34 AM PST by MeekOneGOP (There is only one GOOD 'RAT: one that has been voted OUT of POWER !! Straight ticket GOP!)
[ Post Reply | Private Reply | To 12 | View Replies]

To: MeekOneGOP
June and July are shaping up to be very interesting months this year.

I hope that the Republicans are thinking chess, and have more than just the "nuclear option" in mind. The Dems are going to be very predictable and that means a real opportunity for exposing their ugliness and stupidity.

Maybe a pre-vote commercial starring The grand wizard himself speaking out of both sides of his mouth...........Something memorable and outrageous. Make the Dems howl about the "attack". Then remind everybody that it was Byrd attacking himself.

19 posted on 03/13/2005 11:20:26 AM PST by Tom Bombadil
[ Post Reply | Private Reply | To 8 | View Replies]

To: Seadog Bytes

Attention all Republican Senators...

If you had 61 votes in your back pocket, the Dems would find another way to block nominees. Perhaps they would take a page out of the Texas Dems playbook, or some other absurd action to prevent the nominations from a vote. So whether you take action to knip this in the bud now or you'll most certainly have to take this action later.

We voted you in with our sweat, our tears, and our hard earned dollars. If you do not represent the majority views of the U.S. population by taking action, then I say you are in contempt of the Constitution. Our founders set up the Government for Majority rule, with certain protections for minorities.

In other words, the majority makes the laws, appoints the judges, and leads the country. If the minority is injured by one of our laws or our judges, then we deal with that particular judge or law. We do not preemptively protect the minority from their "fears". Doing so is a slap in the face to the American people and the Constitution of these United States. Do your job or get out of the Senate.


20 posted on 03/13/2005 11:48:31 AM PST by dannyboy72 (How long will you hold onto the rope when Liberals pull us off the cliff?)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-47 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson