Frist Says Compromise Falls Short on Key Principle

Human Events ^ | 5/23/05

[Dane]

Frist Says Compromise Falls Short on Key Principle

Posted May 23, 2005

Senate Majority Leader Bill Frist (R.-Tenn.) made the following statement Monday on the Senate floor.

Mr. President.

I have had the opportunity to review the agreement signed by the Senator from Virginia, the Senator from Arizona, the Senator from Nebraska, and eleven other Senators--an agreement that I’ve reviewed but to which I am not a party.

Let me start by reminding the Senate of my principle.

A simple principle that I’ve come to this floor day after day stating. It’s really this, that I fundamentally believe that it is our constitutional responsibility to give judicial nominees the respect and the courtesy of an up or down vote on the floor of the United States Senate.

Investigate them. And question them. And scrutinize them. And debate them. In the best spirit of this body.

But then, vote. Up or down. Yes, or no. Confirm or reject. But each deserves a vote.

Unlike bills, nominees cannot be amended. They cannot be split apart. They cannot be horsetraded or logrolled. Our Constitution does not allow for any of that.

It simply requires up or down votes on judicial nominees.

So, in that regard, this agreement announced tonight falls short of that principle. It falls short. It has some good news, and has some disappointing news, and will require careful monitoring.

Let me start with the good news. I am very pleased that each and every one of the judges identified in this announcement will receive the opportunity of that fair, up or down, vote.

Priscilla Owen: after four years, two weeks, and one day, a fair, up or down, vote.

William Pryor: after two years and 1 month, he will have a fair, up or down, vote.

Janice Rogers Brown: after 22 months, a fair, up or down, vote.

Three nominees will get up or down votes with certainty now because of this agreement. Whereas a couple of hours ago, maybe none would get up or down votes. And that would have been wrong. And, with the confirmation of Tom Griffith to the D.C. Circuit Court of Appeals, which we’ve been assured of, though it’s not part of this particular agreement, there will be four who will receive up or down votes. And based on past comments, on this floor, although not in the agreement, I expect that David McKeague, after three years and six months, will get a fair up or down vote. I expect that Susan Neilson, after three years and six months, will get a fair, up or down, vote. I expect that Richard Griffin, after two years and 11 months, will get a fair, up or down, vote.

Now, the bad news. It is a shame that well-qualified nominees identified by those 12 members are threatened still with not having the opportunity to have the merits of their nominations debated on the floor.

Henry Saad waited for three years for the same courtesy. He deserves a vote.

William Myers has waited for two years and one week for a fair, up or down vote. He deserves a vote.

If Owen, Pryor, and Brown can receive the courtesy and respect of a fair up or down vote, so can Myers and Saad.

So I will continue to work with everything in my power to see that these judicial nominees also receive that fair, up or down vote that they deserve. But it is not in this agreement.

But in this agreement is other good news.

It is significant that the signers give up using the filibuster as it was deployed in the last Congress, in the last two years.

The filibuster was abused in the last Congress. Ten nominees were blocked on 18 different filibusters occasions, 18 different filibusters in the last two years alone. With a leadership led minority party obstruction threatening filibusters on six others.

That was wrong.

It was not in keeping with our precedents over the past 214 years.

It made light of our responsibilities as U.S. Senators under the Constitution.

It was a miserable chapter in the history of the Senate and I believe brought us to a new low.

Fortunately, tonight, it is possible that this unfortunate chapter in history can close because this arrangement makes it much less likely?"indeed, nearly impossible?"for such mindless filibusters to erupt on this floor over the next 18 months. And for that I am thankful.

Circuit Court and Supreme Court nominees face a return to normalcy here in the Senate, where nominees are considered on their merits.

Their records are carefully examined.

They offer testimony, and are questioned by the Senate Judiciary Committee.

The Committee acts.

And then the Senate discharges its constitutional duty to vote, up or down, on a nominee.

So given this disarmament on the filibuster and the assurance of fair up or down votes on nominees, there is no need at present for the constitutional option.

But with this agreement, all options remain on the table ?" including the constitutional option. If it had been necessary to deploy the constitutional option, it would have been successful, and the Senate would have by rule returned to the precedent of the past 214 years. Instead, tonight, members have agreed that this precedent of up or down votes should be a norm of behavior as the result of mutual trust and goodwill in that agreement.

I of course will monitor this agreement carefully as we move ahead to fill the pending 46 vacancies on the Federal bench today, and other vacancies that may yet arise during this Congress.

I have made it clear from the outset that I haven’t wanted to use the constitutional option, I do not want to use the constitutional option, but bad faith and return to bad behavior during my tenure as Majority Leader will bring the Senate back to the point where all 100 members will be asked to decide whether judicial nominees deserve a fair up or down vote.

And I will not hesitate to call all members to their duty if necessary.

But for now, as reflected in this agreement, I look forward to swift action on the identified nominations.

Now the full impact of this agreement will await its implementation. But I do believe that the good faith and good ought to guarantee a return to good behavior on the Senate floor.

And that when the gavel falls on the 109th Congress, the precedent of the last 214 years will once again govern: fair, up or down votes on the floor of the United States Senate.

Now this will be spun as a victory, I would assume, for everyone. Some will say this is a victory for our leadership. Some for the group of fourteen. I see it as a victory for the Senate, I honestly believe it is a victory for the Senate. Where members have put aside a party demand to block action on judicial nominees. They rose to principle. And then acted accordingly.

I am also gratified with how clearly the Democratic Leader has repeated, over and over again during this debate, how much he looks forward in working with us and I with him as we move forward on the agenda of the 109th Congress. Our relationship has been forged in part by circumstance, but leavened by friendship. I look forward to working with him as we move the nation’s agenda forward together.

We have much to do, from addressing vital issues of national defense and homeland security, to reinforcing our energy independence and our role as a reliable and strong trading partner, to an orderly consideration of all the bills before us about funding and to put the deficit on the decline.

I look forward to working with the Democratic leader on these and many other issues of national importance.

Mr. President, a lot has been about the uniqueness of this body and indeed our Senate is unique, and we all as individuals and collectively as a body have a role to play in ensuring its cherished nature remains intact.

And indeed, as demonstrated by tonight’s agreement and by the ultimate implementation of that agreement, we have done just that. It has withstood mighty tests that have torn other governments apart.

The genius is in its quiet voice, not the mighty thunder; the harmony of equality brings all to its workings with an equal stake at determining its future.

In all that the Senate has done in the last two years, I as leader, have attempted to discharge my task as steward of the institution consistent with my responsibilities not just as the Majority Leader, not just as Republican Leader, but also as the Senator from Tennessee.

In closing tonight Mr. President, with this agreement, the Senate begins the hard work of steering back to its better days, leaving behind some of its worst. While I would have liked my principle to have been fully validated, for this Congress, now, we have begun our labors for fairness and up or down votes on judicial nominees with a positive course.

And as all involved keep their word, it should be much smoother sailing.

I yield the floor.

[ArmyBratproud]

Frist: "I yield the floor."

Republicans: "Can you yield the majority seat to a republican with a spine while you're at it"

[Don'tMessWithTexas]

You've got to figure that if this had gone to a vote, DeWine would have followed Frist. Graham may have done so. That would have given Frist 50 votes.

McCain just lost any chance of getting the GOP nomination. Frist can point fingers at McCain.

[BigSkyFreeper]

Man, you GOP daydreamers are all the same...

When you can rise above recanting Superman reruns, and daydreaming in the summer sun of third party victory's, ping me.

[Yosemitest]

I'm angry enough to pledge money to real conservatives who will run against these RINO's and replace them. How about $100.00 a head?

I encourage everyone to attack!

Lincoln D. Chafee of Rhode Island
Office Locations

United States Senate
141A Russell
Washington, DC 20510
(202) 224-2921

170 Westminster Street
Suite 1100
Providence, RI 02903
(401) 453-5294

320 Thames Street
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Newport, RI 02840
(401) 845-0700

Susan M. Collins of Maine
Senator Susan M. Collins
172 Russell Senate Office Building
Washington, D.C. 20510

Phone:


Washington, D.C. Office (202) 224-2523

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Olympia J. Snowe of Maine
Senator Olympia J. Snowe
154 Russell Senate Office Building
Washington, D.C. 20510
(202) 224-5344

John W. Warner of Virginia

[ConservativeMind]

It won't matter. The Democrats will let some judges finally be confirmed and then protest like mad at anyone for the Supreme Court. When they do so, they will claim they've abided by the agreement and if the Republicans try to subvert it at that time, they will cry "Foul" and make Frist look like an unscrupulous person all over again.

Actually, that sounds like it should be par for his course. Let's hope he's never re-elected.

[Dat Mon]

You said..."When the dust settles, I think we are in more or less then same place we were, but slightly better off with no easy way to measure the difference."

I disagree...not from a technical or procedural perspective but from a bigger perspective. It involves image...PR...spin...as practiced by the MSM on the majority of people who have no idea of the Constitution...let alone the rules of the Senate.

The dems can look conciliatory now...but retain the option to go back to SOP if "extreme circumstances" warrant it. The definition of extreme is left for the dems and their accomplices in the MSM to define and spin.

The pubs on the other hand...already being on the receiving end of MSM and dem spin as being the ones who are already usurping the Constitution...lose the high ground and possibly defang themselves for future actions by not standing firm here on constitutional principles.

Better IMHO to force the issue here and now and use it as a means of educating the public on the intent of the Constitution. This is where the presidential 'bully pulpit' could be effectively implemented....Bush and Frist working in tandem.

If the pubs try to go nuclear later (no guarantee as the same moderate power block could conceivably thwart that move) the stakes are higher as they could be portrayed as reneging on a 'good faith' deal.

The longer this drags on before a showdown, which must come by necessity if real conservatives are to be appointed and confirmed....the worse it is for the pubs as a general principle IMHO.

[BigSkyFreeper]

Unlike McCain, I wouldn't give Democrats breathing room to holler "Uncle".

[wardaddy]

Is this about whether conservatives...especially cultural ones...won or lost today

....or is this about defending personalities some folks here like?

hard to tell by some of these Pollyanna posts.

btw....i only blame Bush (and Lil' Karl) for thinking Frist would be an improvement over Lott and for using PC pressure to sack Lott.
...

[unseen]

Well Ladies and Gentleman it is official the government is no longer in the hands of the People. The reason this did not go through would be because the Republicans do not want Constitutional judges on the Supreme Court anymore then the Dems do. If the Supreme Court would actually read the Constitution and base law on its words then most of the power that the Federal Government has grabbed in the last 60 years would vanish. The War Powers act gone. Most of the unfunded mandates gone, The lack of control of our borders gone. The massive military gone. The secret courts gone. The patriot act gone. Abortion gone. Multiculturalism gone. The spying on its own Citizens gone. The Federal government will never give up power willingly. As Thomas Paine said "government is a necessary evil" The Constitution was written to limit the power of government. The Federal government does not want limits on its power. There are no White hats in the Federal Government. As 9/11 showed they failed at their most basic job and that is to protect its Citizens. It is a sad day for We the People make no mistake about it. Don't believe me? Vote in 60 Republican Senators in 2006 and see what happens.

[Yosemitest]

Continued....attack.

John W. Warner of Virginia
Contacts for all offices Washington Office Address:

225 Russell Building
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Telephone:
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Office Hours: Monday-Friday 9:00a.m. to 6:00p.m.


John McCain of Arizona
contacts
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, Washington DC 20510

Phone: (202) 224-2235
Fax: (202) 228-2862

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Phone: (602) 952-2410
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Tempe
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Phone: (480) 897-6289
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Tucson
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Phone: (520) 670-6334
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Lindsey O. Graham of South Carolina
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Washington Office
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(202) 224-5972 phone

Upstate Regional Office
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Piedmont Regional Office
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Golden Corner Regional Office (part-time)b 135 Eagles Nest Drive, Suite B
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Senator Mike DeWine, an Ohio Republican
contact for all offices
Washington, D.C. Office
140 Russell Senate Building
Washington, DC 20510
Phone: (202) 224-2315
Fax: (202) 224-6519
TDD: (202) 224-9921

[Reagan is King]

I see it as a victory for the Senate, I honestly believe it is a victory for the Senate. Where members have put aside a party demand to block action on judicial nominees. They rose to principle. And then acted accordingly.

Although he has a little tough talk in there for public consumption it sounds to me like he agrees with the Gang of Twelve. The Democrats just picked which judges will pass and which won't, plus they have to option to filibuster anyone they think is "extreme" (read "any conservative"). How is that a victory? Frist just strikes me as Trent Lott Jr.

[redread]

Frist is a big disappointment.

[FranklinsTower]

To all knee jerks, read the following passage, especially the bolded parts.

So given this disarmament on the filibuster and the assurance of fair up or down votes on nominees, there is no need at present for the constitutional option.

But with this agreement, all options remain on the table , including the constitutional option. If it had been necessary to deploy the constitutional option, it would have been successful, and the Senate would have by rule returned to the precedent of the past 214 years. Instead, tonight, members have agreed that this precedent of up or down votes should be a norm of behavior as the result of mutual trust and goodwill in that agreement.

I of course will monitor this agreement carefully as we move ahead to fill the pending 46 vacancies on the Federal bench today, and other vacancies that may yet arise during this Congress.

I have made it clear from the outset that I haven’t wanted to use the constitutional option, I do not want to use the constitutional option, but bad faith and return to bad behavior during my tenure as Majority Leader will bring the Senate back to the point where all 100 members will be asked to decide whether judicial nominees deserve a fair up or down vote. And I will not hesitate to call all members to their duty if necessary.

Bottom line. The agreement assumes the dims good behavior -- which we all know won't last very long. So the next time they start going down the obstructionist road -- which they will -- the RINOs will look really, really, really bad for placing their trust in them in the first place.

Sen. Frist, as he stated, is not part of this deal and reserves the right to the constitutional option should the occasion arise in the future.

As of now, there is no need to go that route as Owen, Pryor and Brown will now pass the Senate. The ball is moving in our favor.

As for the other nominees, no one knows what will happen yet. For all we know tonight, they may all get nominated.

So stop acting like cry babies, and have the patience to see how all of this will play out.

[cicero's_son]

I know this is not a widely-shared opinion, but I honestly don't think McCain will seek the nomination in 2008. He knows he is despised among Republicans. He is old, and he is battling skin cancer.

I think he wants to be a kingmaker, not a king. Given that he has no standing among conservatives, it only makes political sense that he would seek out a new constituency.

If Frist had managed to pull this off, he would have been considered a hero to Republicans. He would have immediately become the front-runner for the 2008 race. There were probably a LOT of politicians who didn't want to see that happen.

However, I'm not at all unhappy with where we are. We're going to get enough appellate judges through to tip the balance in our favor for the first time in decades. And when the time comes around for a USSC appointment, Graham and DeWine will be sprinting back toward our side of the aisle

[ArmyBratproud]

From what has been seen by Frist.....he may/may not have the votes....but he will never use them.

It seems that he did not have the votes. If he did...he would have went ahead and pulled the trigger and stated that the deal was not with the majority. Like he has done several times in the past month.

He basically made McCain majority leader by default.

Just look at his speech.
What happened to all get a vote...or its the nuke option.
His whole speech basically states that the deal is good enough. He can play that..."if need be...I'll use the constitutional option" all he wants...but nobody is gonna buy it. Not after this.

He ends it with all that huggy kissy crap for the Senate...AND REID.

Everyone knew Frist was too chummy with Dems to be a strong majority leader. Folks worried that he would get walked on. AND HE DID.

[paul51]

Empty words and I'm sure the dims are getting a good chuckle as they read them tonight

[JCEccles]

Graham may have done so.

I think you're right.

Lindsey is good poker player. He plays incremental odds about as shrewdly as anyone I've ever seen. But had his bluff been called, he would have folded and fallen in behind Frist. I'm reasonably sure of that.

[Cboldt]

Heads Frist wins, and tails Reid loses.
Frist can't call a vote on ending all filibusters unless a cloture vote fails.
I think he just won it all.

I see it about the same way. The issue just can't help but come up, and each time it will be a little different for various complex reasons. The nominee, current events, the presence of the signed deal, etc., etc., etc.

The President and Constitution haven't won, yet, but they sure don't seem to have lost any ground. Heck, these 14 could have made this deal in complete secrecy and we'd be here going "ooooh" and "ahhhhh" over speeches, waiting anxiously for "the cloture vote," and then "the nuclear option." Oh well, fireworks show just got rescheduled, that's all.

[Dane]

I agree with you. I'm definately not part of the itchy mouse finger contingent on FR that screams betrayal on every thread.

[Nam Vet]

He has to drop the hammer on the wayward senators. The big carrot is more effective when there is a big stick along with it.

I agree. For now, Frist has to go along but I'm glad he reminded everyone the gun is still loaded and I hope fully cocked. It should be a 'hair trigger'.

Any way to slap these RINO backstabbers hard should be applied forthwith by Frist and the rest of the caucus. They should pay a price. I am so sick of RINOs. At least my senator Smith(Or) didn't wimp on this. He's on shaky legs anyway.

Nam Vet