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55 minus 7 = GOP defeat
The Washington Times ^ | 5-25-05 | Editorial

Posted on 05/25/2005 12:01:41 PM PDT by JZelle

The arithmetic tells the story. The Democrats won the battle over who gets to shape the federal judiciary. In both tone and substance of their rhetoric, the Democrats believe they won, and who can argue with them? The Republican leadership is subdued, as befits a losers' locker room. The Republicans will pay dearly for the events of Monday night, when seven Democratic and seven Republican senators took over the leadership of the Senate, for a long time to come. Since the Republicans occupy the White House and command what ought to be a solid Senate majority of 55 members, this should have been no contest. But for the sixth and seventh Republican defections, the GOP would have had a rare, even historic, opportunity under the Constitution to nominate and approve, in up-or-down votes, highly qualified judges for the nation's highest courts. Because John McCain, John Warner, Lincoln Chafee, Lindsey Graham, Susan Collins, Olympia Snowe and Mike DeWine abandoned their leaders in the Senate and snubbed the president, that historic opportunity was lost. The deal immediately affects five "pending" appellate-court nominees. The agreement would allow floor votes to proceed for three: Priscilla Owen for the 5th Circuit, Janice Rogers Brown for the D.C. Circuit and William Pryor for the 11th Circuit. The deal immediately dooms the nominations of two others, William Myers III for the 9th Circuit and Henry Saad for the 6th Circuit, by permitting the seven Democratic senators to continue their party's filibusters against them. In addition to these five, Democrats had filibustered five other appellate-court nominees during the 108th Congress, three of whose names were subsequently withdrawn. Democrats threatened to filibuster half a dozen others.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Government; News/Current Events
KEYWORDS: 109th; billfrist; cavein; filibuster; harryreid; johnmccain; judiciary; lindsaygrahm; mikedewine; nuclearoption; olympiasnowe; sellout; susancollind; traitors; ussenate
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To: Owen

sure, Frist can do that. then you will simply see these 7 Rs start voting some of the judges down in a straight vote. the deal is set, these Rs know exactly what they are supposed to do.


41 posted on 05/25/2005 12:54:17 PM PDT by oceanview
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To: penowa

The Rehnquist replacement will not be challenged - replacing him with a conservative is an "even trade". its when a currently pro-Roe SC justice leaves, and Bush tries to replace him/her with an anti-Roe one, that the fillibuster will be used by the Dems (successfully).


42 posted on 05/25/2005 12:57:01 PM PDT by oceanview
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To: Crimson Elephant

There's one problem with that, the horrible clause in the deal that says President Bush should consult with senators from both parties before he nominates any new judicial candidates. If he nominates somebody like Janice Rodgers Brown without going through with this unconstititional approval process, then the DemonRats can call this a violation of the MOU even though Bush didn't agree to the MOU and say it authorizes them to fillibuster. The MOU is just like AIDS for the Republican Party, a gift that keeps on giving.


43 posted on 05/25/2005 12:57:46 PM PDT by libstripper
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To: penowa

(Guess this is as good a place as any for a first post):

The Republicans gave up nothing. We get our up or down vote and maintain the status quo sans Dem obstruction. We just allowed the Dems to save face by permitting them a facade of a victory. There is no substance to the "agreement" at all.

Someone please explain to me what we gave up. We got everything we want and gave zilch. The constitutional/nuclear option is still on the table the next time the Dems pull the filibuster crap on judicial picks.


44 posted on 05/25/2005 12:58:50 PM PDT by Ozarks21
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To: The Ghost of FReepers Past

The sixth is Michigan, Ohio, Kentucky and Tennessee.


45 posted on 05/25/2005 1:01:20 PM PDT by Freemyland
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To: henkster
when the worm turns, as it always does, we must filibuster EVERY dem judicial nominee.

The Socialists (dems) will use the "nuclear option" and eliminate the judicial filibuster and put in their left wing activist judges.

Remember to the socialists (dems), the end justifies the means. They don't worry about getting bad press because they know the press won't call them on it. Quite the contrary the press will remind the people how the Republicans wanted to eliminate the filibuster but because of GOP ineptnes they couldn't get their own party to go along with it. Can't blame the socialists(dems) for getting the job done.

The socialists will laugh at the inept Republicans who left so many judgeship's for them to fill. - Tom

46 posted on 05/25/2005 1:02:16 PM PDT by Capt. Tom (Don't confuse the Bushies with the dumb Republicans - Capt. Tom)
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To: JZelle

See, this is the problem: we're screaming about this result instead of claiming the victory ourselves. The Dems (who have basically abandoned their plans to block Bush appointees) can now say they've "thwarted the right-wing plot to destroy the filibuster" or whatever.


47 posted on 05/25/2005 1:07:18 PM PDT by Trimegistus
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To: oceanview

WRONG! The left has so much at stake (not to mention they are a wholly owned subsidiary of Soros et al.,) that they have no intention of letting the first replacement slip in without a fight. If they permit Rehnquist to be replaced by a conservative, they have everything riding on the 2nd pick that they CANNOT lose. Lose that battle and they have lost the war.


48 posted on 05/25/2005 1:08:32 PM PDT by penowa
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To: Ozarks21

As the article says, we lost 5 judges last year, two were arbitrarily axed by this "compromise" and more are likely to be lost. How can you say we lost nothing? We've been losing this issue for almost 5 years now. Who in the Senate should give "advice and consent," a majority, a minority, or a super-minority? If you said a super-minority then you are happy. Everyone else is mad.


49 posted on 05/25/2005 1:08:46 PM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: libstripper
Stripper,

The 7 Rino's invoked GWB into a contract without his consent the way I see it, just a student of business law here, and correct me if I am wrong, this is an illegal contract.

Screw-um, throw the 7 overboard, give them the $ to join the DNC and let us start over. They are useless as tits on a bull and I am sitting on my hands in 06' because of them and I have emailed the GOP Chairman and let him know so, we won my ass....

50 posted on 05/25/2005 1:12:21 PM PDT by taildragger
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To: Run Silent Run Deep
You said..."It IS so.

How did we lose? Explain it to me."

Putting aside my observation that you haven't offered any logical argument of any kind to back up your claim...let me offer up a question or two for you...

According to the Constitution...and historical precedent...the President is entitled to an up or down vote on each and every nominee he puts forward..including the initial vote out of committee that sends the candidate to the floor for a full vote. Correct?

Preserving the status quo is not a win..it is the status quo...correct?

Anything that limits the President...anything less than the status quo is a loss to some degree...correct?

Have we reaffirmed the status quo by cutting this deal...are all nominees now guaranteed an up or down vote?
51 posted on 05/25/2005 1:15:02 PM PDT by Dat Mon (will work for clever tagline)
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To: penowa

we'll see.

It will be hard for all 7 Rs (we only need two of them) on the compromise team to oppose the rules change on the fillibuster of the Rehnquist replacement. But it could happen.

The Dems can't control this directly, its only the level of control they are able to exercise over the 7 RINOs that can get them to the finish line. They certainly controlled them for this first round, and I have no doubt they could do it also for a conservative replacement for Ginsburg for example. But on Rehnquist, I am not so sure.


52 posted on 05/25/2005 1:15:04 PM PDT by oceanview
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To: libstripper
The MOU is not binding on anyone who didn't take part in the drafting and then signed it. W, Frist and the rest of the R Senators are not bound by this agreement.

I have been leaning towards the thought that this was the best way to highlight the real RINOs and then let the electorate take them down. Let these 7 prove how bipartisan they are when they have a bill they author along w/a donk and the time comes to get their colleagues to sign on to it.

We have won the Presidency twice w/o the blue states that have elected these moderate Rs. We picked up House seats w/o this constituency. Even though the so-called moderates have some power because it is by virtue of their election that we took the Senate, we picked up other R Senators from blue states like MN. They do not have the power they think they do and we have a chance in 06 to prove it by making sure we take a few more states away from the donks.

This debacle wasn't a win, but it isn't a total loss, either.
53 posted on 05/25/2005 1:15:40 PM PDT by reformedliberal
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To: Ozarks21
"We got everything we want..."

Only if you don't give a rap about up or down votes on every nominee. Only if it is fine with you to let the Senate Democrats (aided by RINOs) usurp the president's constitutional prerogative to nominate candidates to the judiciary (and not from a list drawn up and approved by People for the American Way or the A.C.L.U.)

54 posted on 05/25/2005 1:16:25 PM PDT by penowa
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To: madison46

I have written John Warner, my shameful Senator in this action, and told him that I will make every effort to see him replaced... I urge anyone who has a Senator that is one of the seven to take a few moments and express your views with the indication that this action will not be forgotten...

Time for John Warner to retire...


55 posted on 05/25/2005 1:20:39 PM PDT by RedEyeJack
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To: oceanview

But the seven RINOs are interested in exactly the same things that the Democrats are interested in - making certain that the only changes to abortion are ones that do away with any and all restrictions, and that the courts set policy (legislate from the bench) gay marriage and any and all cultural issues that the lefties love and cannot pass through legislatures.


56 posted on 05/25/2005 1:24:54 PM PDT by penowa
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To: The Ghost of FReepers Past; hobbes1
I think you have this wrong Ghost. The Republicans have 7 Senators that broke rank and so do the Democrats. The 7 Republicans kept Frist from his Constitutional option vote. The 7 Democrats keep Reid from his obstructionist tactics.

The litmus test really is what the Republican 7 will do should enough of the Democrat 7 break the agreement and join Reid in blocking another nominee. Will they agree that a nominee is extreme or will they return to their ranks and vote for the constitutional option?
57 posted on 05/25/2005 1:25:25 PM PDT by Dolphy
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To: JZelle

Since there are only two viable parties, what do you suggest?


58 posted on 05/25/2005 1:28:33 PM PDT by verity (A mindset is an antidote to logic.)
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To: penowa

I know, but remember that McCain and Graham claim they are pro-life. I think the other 5 are openly pro-choice (correct me if I am wrong, I am not sure about DeWine). The pro-lifers want some cover on this, so they won't deal to support the Dems on Rehnquist because its an even trade and would expose them. But on some other SC nominee, to replace a currently pro-Roe justice, they will find some other reason to support the Dems.

Bottom line, we will never get Roe tossed with the Senate as currently constructed. No chance.


59 posted on 05/25/2005 1:30:36 PM PDT by oceanview
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To: Ozarks21

What are you talking about? There were ten nominations being held up by the Rats. We only got 3 votes. That's 30%, not a victory in my book, for sure!


60 posted on 05/25/2005 1:31:25 PM PDT by GatorGirl (God Bless Pope Benedict XVI)
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