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Senate to Recess without Action on Estrada Nomination
CNSNews.com ^ | Feb.15, 2003 | Christine Hall

Posted on 02/15/2003 4:51:15 AM PST by conservativecorner

recess(CNSNews.com) - Senate Majority Leader Bill Frist Friday announced that the Senate will recess for the President's Day holiday instead of forcing a vote on the judicial nomination of Miguel Estrada.

Speaking at a Capitol Hill news conference Friday, Frist said he will try to force a vote on the nomination of Estrada to the District of Columbia Circuit Court of Appeals after the recess is over and the Senate reconvenes.

The decision to recess the Senate without a vote contradicts what Frist said earlier this week. "We'll stay as late as they would like tonight and tomorrow night," Frist said Wednesday, according to the Capitol Hill newspaper Roll Call. "My expectation is that by the end of this week, and before our recess, and possibly into our recess, we expect what all American people expect and deserve; an up-or-down vote on this outstanding candidate."

Democrats have said they will filibuster the vote on Estrada who, in their view, is reticent about his views and under-qualified. Democrats have said they have the votes necessary to block cloture, which normally ends debate in the Senate and leads to a floor vote on any given issue.

Frist said if "judges are going to be filibustered, not based on qualifications, but...partisan politics, it sets a bad precedent for this Congress and future Congresses.

"I'm willing to be patient to give the Democrats the opportunity to make their case before the American people," said Frist. But, he warned, "I'm willing to stay on this Estrada nomination as long as it takes" to get the full Senate to vote on it.

Sen. George Allen (R-Va.), chairman of the National Republican Senatorial Committee, expressed frustration with court vacancies, many of which have been prolonged by partisan wrangling.

"This is like Groundhog Day every day around here, with everyone getting up and saying the same thing," said Allen, referring to the 1993 movie in which characters repeatedly wake up to the same day. The Senate has been at loggerheads over the nomination since it was brought up eight days ago.

"There are 12 judges allocated to this court (the D.C. Circuit Court of Appeals); a third of them are unfilled," said Allen. "What you have is justice delayed, which means justice is denied."

But Senate Minority Leader Tom Daschle (D-S.D.) insisted that it's answers, not more debate, that's needed.

"We don't need more time to debate Mr. Estrada's nomination," said Daschle on Feb. 13. "We need answers from Mr. Estrada. Without those answers, debate is hollow because we lack the basic information we need to make an informed judgment about Mr. Estrada's fitness."

Estrada has not offered specific answers to questions about ideology, saying that doing so could place him in the position of "prejudging" any issue that may come before him in court and would run counter to his "view of the judicial function."


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
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To: marajade
Anything Newsmax is not credible

So your saying this is not credible? LOL

http://www.newsmax.com/articles/?a=2000/8/3/221349
101 posted on 02/15/2003 11:43:36 AM PST by TLBSHOW (God Speed as Angels trending upward dare to fly Tribute to the Risk Takers)
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To: FITZ
I still don't see how you think it can backfire?

Bush got almost 50% of the hispanic vote and can now improve on it...
102 posted on 02/15/2003 11:44:05 AM PST by marajade
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To: TLBSHOW
I doubt he expected that the senator's wife from KY was in critical condition...
103 posted on 02/15/2003 11:47:17 AM PST by marajade
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To: marajade
OK Marajade, like I say, I read the other thread. Apparently the concern was that the Dems would leave a small number of senators in town and force a cloture vote. The concern, I guess, was that the GOPs and sympathetic Dems would decide to go on their vacation anyway and the Dems would win the vote? In other words, more Dems would hang tough than the GOP?

The other explanation, where the Senators want to leave town in fear of a terrorist threat (leaving behind everybody else in DC to face it) is pretty weak and not exactly confidence-inspiring. Anyway, I am not happy Frist makes a bold statement then reverses himself with minimal explanation, whatever his reasoning. It makes him look weak and indecisive.
104 posted on 02/15/2003 11:48:36 AM PST by Randjuke
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To: LS
Hey Braindead, what is it about, "Frist wimped out" that you don't understand? This is exactly the type of behavior that energizes the Democrats. Do you get it now Braindead?
105 posted on 02/15/2003 11:48:40 AM PST by JohnG45
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To: Randjuke
Don't you think he should have afforded the KY senator whose wife was critically ill and McConnell a vote for Estrada? What you suggest wouldn't give them an opportunity to do so...
106 posted on 02/15/2003 11:55:31 AM PST by marajade
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To: marajade
Don't you think he should have afforded the KY senator whose wife was critically ill and McConnell a vote for Estrada? What you suggest wouldn't give them an opportunity to do so...

I didn't suggest anything as far as I know, I'm just trying to figure this out. For the record, I'm not used to being on the same side as TLBSHOW but I do have to say that I am not happy with Frist's backpedaling.

107 posted on 02/15/2003 12:00:14 PM PST by Randjuke
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To: marajade
I think he did in Texas but unfortunately Perry did not. I don't think Bush got close to 50% of the hispanic vote in California.
108 posted on 02/15/2003 12:08:22 PM PST by FITZ
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To: marajade
The other way I think all this can backfire is that now that they've made it a "hispanic" issue, if the Republicans let his nomination be defeated, they could lose hispanic votes.
109 posted on 02/15/2003 12:17:31 PM PST by FITZ
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To: conservativecorner
There is much to be grateful for here that Lott is out of the picture at this crucial time. Literally, the Republicans are using this time away from DC to disconnect the Dems while getting their own ducks in order.
110 posted on 02/15/2003 12:17:46 PM PST by MHT
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To: TLBSHOW
Who's paying..... I have no idea. Maybe some of them have been confirmed by now..... and the gov't is paying their salary.

Maybe you can pay them since you seem so adament about a recess appt. Maybe your Ratty Rats can come up with a few sheckles to help out.... Maybe you can pass the kettle and do a little collecting.
111 posted on 02/15/2003 12:29:42 PM PST by deport
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To: deport
Everytime I disagree with the way things are being done does not make me a ratty rat, but what it does paint you as a person that makes up excusses everytime the republicans wimp out which is a lot.

Now again the answer was not to run out of town this weekend or next week! Got it!
112 posted on 02/15/2003 12:38:16 PM PST by TLBSHOW (God Speed as Angels trending upward dare to fly Tribute to the Risk Takers)
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To: Don'tMessWithTexas
Did I make mention of Lott on here? All I replied about was Senator Inhofe and ads going to appear on Spanish TV.
113 posted on 02/15/2003 1:27:32 PM PST by PhiKapMom (Bush/Cheney 2004)
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To: TEXOKIE
Am with you in your comments. We are so lucky to have Senators Inhofe and Nickles as our Senators.
114 posted on 02/15/2003 1:30:16 PM PST by PhiKapMom (Bush/Cheney 2004)
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To: JohnG45
Sorry Braindead. I'm having trouble getting past your first moronic words.
115 posted on 02/15/2003 1:32:57 PM PST by LS
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To: TLBSHOW
Yep they sure whimped out a "lott' in the past... Your bud the Lott did that for sure. Let me asked you how the Senate was going to stay in session without 51 Senators there for a quorum call? Now can you figure that one out? or is that above the pay grade of Ratty Rats?

It takes 51 Senators in chamber to keep the senate in session. Now can you list the ones that were going to show up from the Democrat side to make 51? Come on someone with the Ratty Rat skills you have surely can name them off....

Again how was Estrada going to be paid? Maybe by the Ratty Rats.....
116 posted on 02/15/2003 1:50:50 PM PST by deport
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To: FITZ
Why would it be the Republicans fault the nomination was defeated if they all vote to confirm him?
117 posted on 02/15/2003 2:24:33 PM PST by marajade
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To: ez
I think that's part of the problem. The Repubs have not figured out how to take a firm stance or even come up with a winning strategy. It's as if their afraid that if they toe the hard line, the Dems will whine that they are playing "Partisan politics" (yeah...like they never do) or some other lame, predictable whine. The Rats are gonna do that anyway, so why not stand up there and act like a winner while they have a chance? I think Frist should have layed it down and not said "possibly". But what do I know?

I suppose there is some grand stategy that I don't see yet (please, please, please!), but to this point the track record isn't real good.
118 posted on 02/15/2003 3:27:14 PM PST by Pablo64 ("But still I fear and still dare not laugh at the the Madman.")
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To: marajade
marajade wrote: "Recess appointments work for one year... Its taken them 15 months so far to deal with his appointment... what would it accomplish?"

I've read this entire thread, and I think many here are missing a very important issue: the Dems are trying to turn the filibuster into a weapon with which to change the Senate's traditional process of confirming judicial nominees. They must not be allowed to succeed.

Did not Orrin Hatch state that there has never _been_ a filibuster of a judicial nominee in the history of the Senate? I seem to recall reading that in another thread.

Currently, it takes a majority vote of 51 Senators (or, in the case of a 50/50 tie, the vote of 50 Senators plus the Vice President) to confirm a judicial nominee.

However, if the procedural precedent is established that it is acceptable Senate policy to filibuster a judicial nominee, that 51-vote majority is replaced by a 61-vote SUPERmajority - the number of votes needed to force cloture and to _end_ the filibuster.

This will guarantee that -- at any time in the future -- the opposition party will be able to override the principal of "majority vote" regarding judicial appointments by going to filibuster. Whenever there is doubt that votes for a controversial nominee might not reach the "magic number" of 61, the opposition will have in hand the tool with which to defeat it, or at least to seriously endanger it by tossing the filibusterial monkey-wrench.

In view of this, the Democrats' attempt to Shanghai the confirmation process must be met with a strong, decisive, precedent-setting counterpunch by the Bush administration in cooperation with the Senate Republican leadership.

But -- how to respond? How to deflate the Democrats' balloon, not only this time, but once and for all? How to stop "judicial filibustering" dead in its tracks?

The counter-weapon exists: it's called "recess appointment".

True, a recess appointment is "temporary" by design and intent. But, once so "appointed", what followup action must the Senate take? A simple "yea" or "nea" vote to confirm at the end of the recess appointment? If so, that will be by a 51-vote "majority", is that correct?

If that is the case, then _any_ attempt to block a judicial confirmation through a filibuster will be rendered pointless. And the Democrat's new weapon will have been de-fanged at the outset, transformed into a paper tiger without teeth. So you want to filibuster our next nominee? Do that, and we'll still force a simple majority vote, bypassing your threatened filibuster with a recess appointment at the earliest opportunity.

Granted, this is uncharted territory, not without some peril. But it is imperative that measures be taken _now_ to thwart the Dems' attempt to establish this new Senatorial precedent. Once established, it _will_ be used against us, again, and again, and again.

For this reason, I think the Bush administration's best move at this point would be to appoint Mr. Estrada to his new position during the current recess. Yes, there will be a [short-lived] "firestorm" of protest from the Democrats and the left-leaning press (bring it on, Mr. Dershowitz!). But the Republicans will have properly "returned fire" across the Democrats' bow: that desperate measures to subvert Constitutional process will be met with strong countermeasures to _preserve_ that process.

If I recall, Clarence Thomas won confirmation with a majority of 53 or 54 votes. Regardless of the high-tech lynching attempt the Democrats made of his confirmation, I doubt any Senators entertained the notion of simply filibustering his confirmation. How times have changed! Today, tactics that only 10 years ago seemed unthinkable or unacceptable are now fair game.

If they'd had the gaul to filibuster the Thomas confirmation, the Dems would have won, and we wouldn't have Justice Thomas on our side today. If we don't stop the Dems this time, we are putting into their hands the gun they will use to shoot down future Clarence Thomases, as well as Miguel Estrada and the like-minded conservative nominees that will come after him.

President Bush must appoint Miguel Estrada "in recess", at once aborting the current fillibuster, and ensuring that there will never be a Senatorial fillibuster of a judicial nominee again.

Cheers!
- John

119 posted on 02/15/2003 5:36:43 PM PST by Fishrrman
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To: Fishrrman
Give it some time...
120 posted on 02/15/2003 6:39:28 PM PST by marajade
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