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Biden: Dems Will Filibuster Janice Rogers Brown
NewsMax.com ^ | July 3, 2005 | Carl Limbacher

Posted on 07/03/2005 10:52:40 AM PDT by Carl/NewsMax

Sen. Joe Biden said Sunday that if President Bush nominates recently confirmed Circuit Court Judge Janice Rogers Brown to replace Sandra Day O'Connor on the Supreme Court, Senate Democrats will launch a filibuster.

"If [Bush] sent up Edith Jones, I could assure you that would be a very, very, very difficult fight - and she would probably be filibustered," Biden told CBS's "Face the Nation."

In the next breath Biden corrected himself, saying, "I misspoke, I misspoke. Janice Rogers Brown is what I meant to say."

Asked whether that would break the Senate's much heralded compromise last month not to filibuster judicial appointments except under "extraordinary circumstances," Biden explained:

"[The Supreme Court] is a totally different ball game . . . A circuit court judge is bound by stare decisis. They don't get to make new law. They have to abide by [legal precedent]."

Asked if O'Connor's retirement was more likely to provoke a filibuster than would have been the case had the more conservative Chief Justice William Rehnquist retired, Biden responded: "Probably."


TOPICS: Front Page News; US: Delaware
KEYWORDS: 109th; biden; filibuster; janicerogersbrown; judicialnominees; obstructionistdems; scotus
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Filibuster on the Table in Court Fight

By PETE YOST, Associated Press Writer 18 minutes ago

WASHINGTON - Democratic senators said Sunday a filibuster is one of the weapons in their arsenal when the time comes to vote on a nominee to replace retiring Justice Sandra Day O'Connor.

The comments came amid a lobbying campaign by conservative groups opposed to Attorney General Alberto Gonzales as a potential successor to the influential O'Connor, a key swing vote in many 5-4 rulings.

These groups contend Gonzales, who made a surprise visit to Iraq on Sunday, as too moderate and are urging President Bush not to nominate his longtime friend from Texas.

A filibuster is appropriate in certain circumstances, Sen. Joseph Biden (news, bio, voting record), D-Del., said on CBS's "Face the Nation" when asked about the possibility the president would nominate a candidate who is a hardline Republican.

"I have no intention of filibustering, but it depends on who the president sends," Biden said.

"I would hope that we don't reach that point," Sen. Patrick Leahy (news, bio, voting record), D-Vt., said when asked whether he would support a filibuster.

Leahy, appearing on NBC's "Meet the Press," urged Bush to put forward somebody who will "unite the country, not divide the country."

"If you had somebody on the extreme right, just as if you had somebody on the extreme left, that's not going to unite the country and that's going to bring about a fight in the Congress," Leahy said.

With Republicans holding power the White House and Congress, conservatives see the Supreme Court as the final obstacle to control of all branches of the federal government.

Liberals say that given O'Connor's swing position on the court, Bush must choose a moderate conservative — a move that would risk alienating his far-right base but would avoid a nasty confirmation battle with Democrats.


81 posted on 07/03/2005 12:15:23 PM PDT by deport
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To: Carl/NewsMax
"[The Supreme Court] is a totally different ball game . . . A circuit court judge is bound by stare decisis. They don't get to make new law. They have to abide by [legal precedent]."

How ANYONE could have POSSIBLY trusted Democrats to keep their worhtless word is WAAAAAAAAAAAAAAAAAAAAY beyond me! My tagline says it all!

Fool me once, shame on you, fool me 10,000 times, you must be John McCain!

82 posted on 07/03/2005 12:16:31 PM PDT by America's Resolve (Liberal Democrats are liars, cheats and thieves with no morals, scruples, ethics or honor!)
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To: Austin Willard Wright
O'Connor won't leave until a replacement.
. . . so you can forget any recess appointment. And SDO can forget retirement, too - neither the Democrats nor the Republicans need to settle for less than SDO as long as she waits for her replacement's confirmation. Therefore this "retirement" will amount to a head fake; SDO will still be on the bench this time next year.

83 posted on 07/03/2005 12:17:45 PM PDT by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters but PR.)
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To: river rat
".....They don't get to make new law."
With that casual remark --- Biden (the dumb) revealed the Democrat's concept of a Supreme Court Judge....
The Leftist bastards want activist leftists on the SCOTUS to MAKE law, not interpret the Constitution...

Most THINKING individuals already knew this.

Thanks to Plugs, the communist/anti-American/demonRATS position on the SCOTUS is now recorded history. The question now becomes - What, if anything, will be done about it? Will it be exposed from the rooftops and beyond?

From what I have seen thus far, my guess is that by Tuesday no one will remember, or even know he said it.

84 posted on 07/03/2005 12:23:33 PM PDT by Just A Nobody (As Iraqi's stand up - We will stand down. . President Bush, 6/28/05)
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To: DevSix
The SC is not suppose to MAKE law either!

This prevailing opinion has been dominant, and was the first thing I noticed! I hope our actual lawmakers notice also, and point it out on the floor!

85 posted on 07/03/2005 12:24:29 PM PDT by easonc52
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To: stumpy
Hey Joe, if the Supremes "make" law, there is no reason to have a senate. What's your new job going to be?

Excellent point (I doubt if he's preparing his resume though)!

86 posted on 07/03/2005 12:28:02 PM PDT by easonc52
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To: CoolPapaBoze

You left out Chuckie Scummer. How the people of New York elected him to anything above dog catcher is beyond me....


87 posted on 07/03/2005 12:35:26 PM PDT by GW and Twins Pawpaw (Sheepdog for Five [My grandkids are way more important than any lefty's feelings!])
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To: Carl/NewsMax
Let's see, if W nominated someone from the right with the moral equivalence of Ruth Bader-Ginsburg (Mrs. ACLU), then the Grand Cyclops of the KKK should be just fine.
88 posted on 07/03/2005 12:36:10 PM PDT by GarySpFc (Sneakypete, De Oppresso Liber)
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To: doug from upland

Thanks for the funny diversion - lol


89 posted on 07/03/2005 12:37:18 PM PDT by easonc52
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To: deport

I would not be the one trashing Brown. Biden and the Dems will be the ones doing that. if they would rather approve her, that's fine with me. my comments only pertain to how we have to play this politically. would it be better to put Brown up there, watch the Dems trash her, lose the cloture vote, then run away with our tail between our legs and appoint Souter II instead?

its hardball politics - either we play, or we walk off the field.


90 posted on 07/03/2005 12:38:27 PM PDT by oceanview
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To: Carl/NewsMax
Biden, what a complete A$$hole.

He's nothing more than an elitist megalomaniac wannabe.
91 posted on 07/03/2005 12:39:10 PM PDT by OKIEDOC (LL THE)
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To: Vince Ferrer

backing the nominee up is fine - but it isn't going to affect what the Dems want to do. they have their strategy, we need to have our own.


92 posted on 07/03/2005 12:40:03 PM PDT by oceanview
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To: DouglasKC

"Freakin' Phenomenal!"

93 posted on 07/03/2005 12:41:29 PM PDT by normy (Don't hit at all if it is honorably possible to avoid hitting; but never hit soft.)
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To: GiveEmDubya

Correction!!!!

"Will Filibuster anyone who isn't a FLAMING LIBERAL!"


94 posted on 07/03/2005 12:42:14 PM PDT by True Republican Patriot
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To: cj2a
as opposed to Supreme Court justices who DO get to "make new law"? Kinda shows his mindset doesn't it?

*bump*

My thought exactly. If Biden had his way, SCOTUS would make ALL but the administrative laws, so Congress would not have the burden or accountability of being involved in messy social decision making.

95 posted on 07/03/2005 12:42:22 PM PDT by Cboldt
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To: easonc52

He'll just copy somebody else's, that's his modus operandi. Just like speeches.


96 posted on 07/03/2005 12:43:57 PM PDT by stumpy
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To: DouglasKC

"Bring it." That what I say too. We need to FILIBUSTER Biden and all his cronies!


97 posted on 07/03/2005 12:44:27 PM PDT by JOE43270 (JOE43270 America voted and said we are One Nation Under God with Liberty and Justice for All.)
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To: oceanview

I would not be the one trashing Brown.



Maybe not but if you intend to place her in the position and then withdraw her name after she has been trashed then I don't see a lot of difference. I don't think you'll find President Bush playing those games either. jmo.


98 posted on 07/03/2005 12:49:05 PM PDT by deport
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To: skip_intro

Naw, he's right. They have the power to say that previous precedent was wrong... they don't have to rely on previous precedent, or stare decisis. So in that sense it IS their job to make law. What they AREN'T supposed to do is make law without basis in the constitution.


99 posted on 07/03/2005 12:49:55 PM PDT by johnb838 (It's the socializm, stupid!)
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To: stumpy
Hey Joe, if the Supremes "make" law, there is no reason to have a senate. What's your new job going to be?

That's why Kerry misses so many sesssions, he has a liberal on the court that makes new laws for him. And if the court can make law, then the president can veto it.

100 posted on 07/03/2005 12:50:04 PM PDT by feedback doctor (If you won't love the least of people, then you can't love any people)
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