A Senate Shutdown Over Judges?

NRO ^ | 11/15/2002 | Byron York

[Utah Girl]

Liberal interests groups pressure Democrats to start a major fight.

On Capitol Hill, there are reports that Senate Democrats are engaged in an increasingly contentious fight among themselves that could shut down the Senate during its busy lame-duck session.

At issue is the nomination of Dennis Shedd to a seat on the Fourth Circuit Court of Appeals. Liberal senators like Massachusetts Democrat Edward Kennedy have long opposed Shedd, accusing him of being "insensitive" to the rights of minorities. That opposition was enough to keep Shedd's nomination bottled up in the Senate Judiciary Committee for more than a year.

On the other side, Shedd has particularly strong support in some Republican circles because he was a long-time Senate staffer, serving as chief counsel of the Judiciary Committee when it was chaired by South Carolina Republican Strom Thurmond. Several Republicans have interpreted Democratic opposition to Shedd as a slap at the nearly 100-year-old Thurmond as he leaves the Senate.

Shedd was finally approved by the Judiciary Committee on Thursday. Although some had said that chairman Patrick Leahy would allow a vote on Shedd as a gesture of "goodwill," Democrats, including Leahy, used the meeting as an opportunity to attack Shedd before allowing the nomination to pass on a voice vote. Shedd survived because a single Democrat, Delaware's Joseph Biden, had pledged to support him.

After the committee meeting, representatives of the liberal interest groups People for the American Way, Leadership Conference on Civil Rights, Alliance for Justice, and NARAL all urged Democratic senators to continue the fight against Shedd in the full Senate. Wade Henderson, head of the Leadership Conference on Civil Rights, warned that "controversy will follow these nominations to the Senate floor."

Now, it appears that that is happening. There is word that several Democrats, including Kennedy, Leahy, and Michigan Sen. Carl Levin, are working to organize a filibuster that would prevent a full-Senate vote on the nomination. Such a move would be highly controversial, even among Democrats, because it could tie the Senate up in procedural knots at a time when lawmakers are racing to finish work on the Department of Homeland Security and other measures during the lame-duck session.

It is also an extraordinarily risky move politically. Some Democrats, apparently including Majority Leader Tom Daschle, are worried that a filibuster against Shedd could hurt the election prospects of Louisiana Democratic Sen. Mary Landrieu, who faces a runoff election next month. Some Democrats believe that the party's opposition to Bush judicial nominees hurt Democratic candidates in Georgia, Missouri, and Texas, and they believe an anti-Shedd filibuster would add Louisiana to that list.

On the other hand, some key Democrats are said to be worried that a quick confirmation of Shedd would anger the NAACP and other African-American groups that strongly oppose the nomination. The party desperately needs those groups to help in get-out-the-vote efforts in Louisiana, and Democrats are loath to do anything that might alienate them at this crucial time.

At this moment, the situation is in flux, with heated negotiations going on on all sides of the issue. It is unclear how the dispute will be resolved, and insiders believe it might stretch into next week.

[Libertina]

Thanks for the ping Annie. I'd like your opinion on why Thune of S. Dakota didn't ask for a recount - only "lost" by 527. I thought recounts were mandatory in that case... We have the Senate - precariously... Although I suspect my President knows what he's doing.

[anniegetyourgun]

They'd be recounting the same fraudulent ballots, perhaps? I don't know, L....I just haven't been following that one as closely. Perhaps Thune has a job offer in the administration awaiting him....

[cajun-jack]

re #18: au contraire...sen lott is such a viscious pitt bull he can even eat his oatmeal with his dentures out.

[deport]

Just a reminder.......

Satcher Approved as Surgeon General.

On Tuesday, February 10, the Senate voted 63-35 to confirm Dr. David Satcher to the position of Surgeon General. Unlike past surgeon generals, Satcher will also hold the position of Assistant Secretary for the Department of Health and Human Services. Sen. John Ashcroft (R-MO) led a filibuster against the nomination, so senators had to *invoke cloture* (garner at least 60 votes in favor of ending the filibuster) before the final confirmation vote could occur. A filibuster is a procedural technique in the Senate to stall legislation or nominations.

[Dog Gone]

Well, that settles that.

I don't remember that, and for the life of me, I can't understand why Ashcroft would bother. The Surgeon General is a bogus PR job, not worth filling, and certainly not worth that effort. Sheesh.

[deport]

Sen. Smith lead a filibuster against Richard Paez, Clinton Nominee to the 9th. circuit, cloture applied and confirmed 59-39.... This nomination was made in 96 and lingered 4 yrs until the vote of confirmation in 2000.

[Libertina]

I know I should trust my President, but old memories of gut-less wonders in the Pubbie party remain.

[MHGinTN]

Liberal senators like Massachusetts Democrat Edward Kennedy have long opposed Shedd, accusing him of being "insensitive" to the rights of minorities... Wasn't Mary Jo pregnant when Ted sent her for six? I'd say mister Kennedy is pretty insensitive to the minority of prenatal individual human beings, what with his championing of abortion and partial birth abortion.

[Tango Whiskey Papa]

The grand prize in politics is control of the judiciary. What motivates Leftist Sociocrats' hard line on judicial nominations? Old Tom Jefferson had some insights on that question: "The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone. ... The germ of dissolution of our federal government is in the constitution of the federal Judiciary; ...working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped. "

[section9]

The Dems are finally caught! To filibuster hurts Landrieu's chances as they once again are obstructionists. To not filibuster loses black support and that hurts Landrieu's chances. Bring on Senator #52!

Excellent!

The liberal interest groups are doing this to show their prison-bitch Senators who's boss.

Instead of lying low and waiting for Republicans to make mistakes, the libs want to come out now and have a fistfight over judges who will be confirmed next year, anyway.

They do this for two reasons: fundraising and influence. Get Leahy, et al, to start a fight, then start a real quick direct mail campaign. That answers any fundraising problems in the short term that might be left over from the Midterm election. In addition, by reminding the Liberal Senators who has the cash and the power, you make it easier for them to obey you later on.

Naturally, this will help Bush in the Red Zone state of Louisiana. If I were Rove, I'd have a "72 Hour" team down there already. I suspect he does, but isn't saying anything about it so as not to piss off John Breaux.

Be Seeing You,

Chris

[Enterprise]

"Can we trade Lott to the democommies for Zell Miller and a Senator to be named later?"

I second THAT!

[Samwise]

Gee, it sure is tough to know what to do when you have no principles to guide you.

[lavrenti]

There are some fish you gotta throw back into the pond. Zell is one of them.

Read his idiotic editorial from the other day in the Wall Street Journal. The man is an old fool who wants to bring back the worst of the New Deal.