Dems: They Will Filibuster Estrada Vote

Yahoo! News ^ | Feb.11, 2003 | JESSE J. HOLLAND

[conservativecorner]

WASHINGTON - Senate Democrats said Tuesday they will filibuster Miguel Estrada's nomination to the federal appeals bench until he reveals more of his judicial thinking.

President Bush (news - web sites) called the move "shameful politics."

Senate Democratic Leader Tom Daschle accused Estrada of stonewalling Democrats last year when they questioned him about his nomination to the U.S. Court of Appeals for the District of Columbia.

"Every nominee who comes before the Senate has the obligation to be forthcoming with information about his position, with information about his record," said Daschle, D-S.D. "Until he does, we don't believe that it is in the Senate's best interest to allow this confirmation to go forward."

Bush immediately condemned the Democrats for blocking Estrada's confirmation by using Senate parliamentary rules that allow the minority to effectively reject a measure or nominee with just 41 votes. The Senate has 51 Republicans, 48 Democrats and one independent.

"Miguel Estrada is highly qualified, extremely intelligent," the president said. "He has the votes necessary to be confirmed. Yet a handful of Democrats in the Senate are playing politics with his nomination, and it's shameful politics."

Republicans promised to keep senators in Washington, if necessary, into a 10-day vacation scheduled to begin Saturday.

"If they want to stay through the weekend, we'll stay through the weekend," said Senate Majority Leader Bill Frist, R-Tenn.

A filibuster would be the climax of a two-year battle between Republicans and Democrats over the future of the nation's courts, and the first real test of Republicans' power in Washington now that they control the House, the Senate and the White House.

The only thing blocking the beginning of a filibuster was an ongoing defense of Estrada brought to the Senate floor Tuesday by a series of Republicans.

Since Estrada's nomination in May 2001, Republicans have accused Democrats of treating him unfairly because he is a conservative Hispanic, who, if confirmed, would be the first Latino picked by a president in either party to get a seat on the U.S. Court of Appeals for the District of Columbia.

Estrada is a member of the law firm that represented Bush in his successful Supreme Court fight for the presidency. He came to the United States from Honduras as a teenager and graduated from Harvard Law School in 1986. He has practiced constitutional law and argued 15 cases before the Supreme Court.

During Estrada's five-hour confirmation hearing last year, Democrats repeatedly contended that he lacked judicial experience. Along with Estrada's refusal to answer questions about specific cases, including those on abortion rights, that provided little to review, Democrats complained.

Sen. Charles Schumer (news, bio, voting record), D-N.Y., on Jan. 30 called Estrada "a far-right stealth nominee, a sphinxlike candidate who will drive the nation's second most-important court out of the mainstream."

Senate Judiciary Chairman Orrin Hatch, R-Utah, said Estrada answered every question the Democrats had. "The truth is he didn't answer questions in a way that could be used against him," he said.

The Justice Department (news - web sites)'s solicitor general's office, where Estrada used to work, refused to release copies of memos and opinions he produced when he worked there. All the living solicitors general for presidents in both parties agreed with that position in a letter last June.

Daschle said Democrats will not allow a vote on the nomination until the White House makes Estrada answer their questions and releases the memos. "Until that information is provided, we will not be in the position to allow this vote to come to the floor," said Daschle.

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The minority leader said Democrats are afraid that every Bush nominee will stonewall their questions if they let Estrada through. "We can expect every single nominee to come forward with the same stonewalling attitude, with the same approach that they don't have to provide us information," Daschle said. "Well, we're not going to do that."

"We will filibuster, we will continue to debate this issue and we will make a decision as to what's next after we get this information," he added. "We have enough votes to sustain our position."

Not every Democrat is on board. "I don't think that Estrada threatens the democracy of the United States," said Sen. John Breaux (news, bio, voting record), D-La. "I think the best position is to vote against him if you don't agree with him. It's awfully hard, I think, to justify a filibuster."

___

[conservativecorner]

How corrupt can a policical party be? VERY!!!!!!!

[Salvation]

Let them filibuster. They will come across as the dims they are.

Dim loss ----- Republican gain. (Hispanic vote)

[PianoMan]

(Mr. Burns voice) Excellent. Exxxxcellent.

[You Dirty Rats]

Too bad Democratic Senator Hugo Black wasn't forthcoming about his background when FDR appointed him. The Senate confirmed him and then discovered that he was the proud recipient of a Gold Passport from the Ku Klux Klan. Oops.

[Howie66]

And then they will wonder just "What the hell happened?" after they get their tails kicked all over the place in the 2004 elections. Ya gotta LOVE these useful idiots! Ha!

Go!! 'Rats!! Go!!

[jwalsh07]

Bringing an End to Debate: Previous Question, Filibuster and Cloture

In the House, debate is brought to a close by the ordering of the previous question. This has the effect of stopping all debate and bringing the bill (and any pending amendments) to an immediate vote. The motion is usually made once the planned period of debate has ended in order to bring a bill to a vote on final passage. Special rules (see above) sometimes prescribe that the previous question is automatically ordered after certain actions are completed. The previous question allows a majority to cut off debate and, if it so desires, prevent additional amendments.

Theoretically, debate in the Senate on most questions is unlimited. As a result, Senators who are opposed to a measure on the Senate floor may attempt to slow down the process by speaking continuously on the floor and therefore tying up the Senate. This process is known as a "filibuster". The threat of a filibuster is the main reason behind the attempts by the leadership of both parties to work out a unanimous consent agreement on major legislation. However, this cannot always be done. The threat of a filibuster is also one reason for the Senate custom of "holds", whereby a Senator can request that his leader not allow a matter to be scheduled for floor consideration. Such requests are traditionally honored.

The Senate's rules provide for one method to break a filibuster, known as invoking cloture. The motion to invoke cloture is brought up by a petition of 16 Senators and is itself nondebatable. If cloture is invoked, a number of requirements are imposed. Further debate is limited to 30 hours, is confined to the subject of the bill and all further amendments must be germane. After the 30 hours have expired, the Senate must vote on the pending legislation. However, the rules require that at least three-fifths of the Senate, or 60 Senators, vote in favor of the motion in order to invoke cloture. Consequently, invoking cloture usually requires some bipartisan support.

[StriperSniper]

refused to release copies of memos and opinions he produced when he worked there. All the living solicitors general for presidents in both parties agreed with that position in a letter last June.

Daschle said Democrats will not allow a vote on the nomination until the White House makes Estrada answer their questions and releases the memos.

Who is out of 'the mainstream'?

I just turned on CSPAN2, no Senate. The House at least still has I think Special Order speeches. What kind of wussie filibuster is this?

[linn37]

Krauthammer says let them filibuster,tape the proceedings and then run commercials on Uni-vision......I like it.

[F.J. Mitchell]

If the Socialist Democrat Senators of the irrational extreme left, ever pulled their heads out of their anuses, they would see that their colon is not the main stream.

[prognostigaator]

""Since Estrada's nomination in May 2001, Republicans have accused Democrats of treating him unfairly because he is a conservative Hispanic, who, if confirmed, would be the first Latino picked by a president in either party to get a seat on the U.S. Court of Appeals for the District of Columbia. ""

Hatch went on to say -"Estrada is a conservative, Republican Hispanic nominated by a Republican President and the Democrats do not like him or President Bush.."

[NeonKnight]

I don't know how long Byrd can talk, but I couldn't sit there and listen to him.

[cinFLA]

How many hours can they stand up and repeat how they are not rubber stamps. Good for them. It means less mischief they can create otherwise.

[linn37]

whats funny here is all these losers preventing Estradas vote are going to lose the Hispanic vote,Corzine,Hillary,Schumer......hehe ........

[gov_bean_ counter]

The Dems have already crossed the Rubicon on this one. The head of the largest Hispanic lobbying group has said this will not be forgotten.

[CHICAGOFARMER]

Bring the $bastards on.

Lock and load

get ready to watch the embarrassment.

[Reactionary]

"WASHINGTON - Senate Democrats said Tuesday they will filibuster Miguel Estrada's nomination to the federal appeals bench until he reveals more of his judicial thinking."

Indeed. The wonderful liberals can't abide double plus ungood hate thought.

[tomahawk]

Great idea. DemonCraps digging their own political graves. Gotta love it.

[RabidBartender]

Awwww....I was so looking forward to another tight race in Florida for the '04 presidential race, and those morons have to go right ahead and hand Miami-Dade to us. WTF?

(sarcasm, of course) ;p

[tomahawk]

We're in a war for our lives against terrorism, and the DemonCraps are trying to crucify a conservative Hispanic for a judgeship. What a pathetic party of losers.

[OldFriend]

Proving once again that the country was right in electing President Bush and giving him the congress and senate majorities.