A New Move on Estrada ('Tain't over yet!)

National Review Online ^ | 2/28/2003 | Byron York

[ArcLight]

In perhaps its most forceful effort yet to break the stalemate over the appeals-court nomination of Miguel Estrada, the White House has now invited every member of the Senate who has doubts about Estrada's legal views to submit written questions to Estrada by the close of business Friday. In a letter delivered Thursday to all 100 senators, White House Counsel Alberto Gonzales said Estrada will respond by next Tuesday.

[FryingPan101]

I can hear it now. "Ahem. I find this outrageous. This is totally disingenuous of the White House. This is smoke and mirrors. This an attempt to lure the attention of the citizens of this country away from the pending tax cuts for the rich. This does nothing to fix the problem of Estrada's not being Hispanic enough."

[PhiKapMom]

After the Quorum Call and most of the people left, Sen Frist turned the floor over to Senator Sessions who gave a great presentation, then up came Senator Lindsey Graham with another great presentation, and then Senator Frist took the floor with morning business!

Senator Frist then launched with reading things into the record and one time he really raised his voice at the RATs. The the conclusion he and Senator Graham both grinned and looked like the cat that swallowed the canary.

You were left with the impression that not only were the Republicans not giving in -- that was evident from the speeches, but also that the RATs have to be on guard about being called in at anyhour of the day or night!

We were all left with a great feeling that the Senate was in good hands with Senator Frist in charge and they were not giving into the RATs.

Then Major Garrett wrote the article last night and it started off with wrong in information in paragraph 2 of the article and it went down here from there with taking quotes out of context. Less than impressed as you can probably guess when someone writes an article about what we observed and it is wrong!

Still believe it is a great idea to send in your thoughts and tell them we are with them in getting this nomination confirmed.

[firewalk]

.

[TLBSHOW]

We will see how this plays out. I would suggest that the Gop get better PR out there when these type of problems or stories arise before others read into things different from what the true facts are. Since that fox story has been out there since late yesterday and they only called Rush around 2 today.

[marajade]

You're post number 197 and Sinkspur

[woodyinscc]

In the meantime, what is being lost in the shuffle!

Read this and tell me Hatch is not on top of things!!

http://www2.ocregister.com/ocrweb/ocr/article.do?id=27638&section=NEWS&subsection=FOCUS_GOVERNMENT&year=2003&month=2&day=28

[justshe]

Unfortunately, too many are all too willing to believe the worst. ANY hint, no matter how slight or unsubstaniated feeds their agenda.

"O, fie, fie, fie!
Thy sin's not accidental, but a trade."

[marajade]

"I would suggest that the Gop get better PR out there when these type of problems or stories arise before others read into things different from what the true facts are."

What more can they do when they have paid ads in TV and radio?

[BJR]

What I thought two weeks ago was that the filibuster was too extreme for many of the dem moderates to go along with for very long, that hispanics would pressure the dems to drop the filibuster, that the pubs would run effective ads in the "red" states that would drive dem defectors. In short, I bought into the argument that it would be the pubs that would stand on principle and the dems that would cave.

Sadly, the reverse may be true and that was Novak's point.

I don't know what fantasy world you are in to call this "old news." Just look at this thread filled with optimists who still think the dems are losing and Estrada will be voted to the bench! While I'm with them in spirit, common sense tells me it will take a miracle or a temporary appointment by Bush for him to ever get seated.

[deport]

The two speech rule is per day but that day may last over several days rather than a 24 hr stretch. I didn't think all Senators were compelled to attent but only enough to get 51 which is what a quorum is. There were never more than 75 present the other night during the quorum calls... so at least 25 weren't there (compelled).

I think they can make motions which are debateable, but not sure about amendments (but Daschle offered an amendment or something to Frist's call for the vote the other night), .... So as they approach the end of the two speech list on one topic another is established.

Yes it's an event that is tiring on all but not so much so when they have sleeping arrangements in the offices, etc.

[TLBSHOW]

The "modern," "silent," or "gentleman's" filibuster might more accurately be called the "lazy man's" filibuster. It has become so trivialized that there is no longer any need to silence an objecting senator. Once he signals his intent to filibuster, a senator is free even to leave town if he chooses, confident that he has triggered the need for 60 votes. The Senate will generally move on to other business, without any requirement that he be prepared to follow through on his filibuster threat. Sen. Robert C. Byrd has described the cozy arrangement as a "casual, gentlemanly, good-guy filibuster . . . Everybody goes home and gets a good night's sleep, and everybody protects everybody else."

But when a Republican minority blocked action on the Clinton agenda, Democrats cried foul, going so far as to launch a campaign in 1994 dubbed "Action, Not Gridlock" to abolish the modern filibuster. When the balance of forces changed in the Senate later in 1994, so too did liberals' rules of engagement and their view of the misuse of this particular parliamentary tactic. In early 1995, only 19 of 47 Democratic senators voted in favor of an unsuccessful attempt to get rid of the filibuster. "Gridlock, Not Action" had become the battle cry of the new Democratic minority now committed to blocking Republican initiatives.

Given the Senate's cherished respect for the rights of the minority — a status either party is just one election away from — the filibuster is unlikely to be abolished. As then-majority leader Trent Lott pointed out in 1999, "I might not much like it now, but someday I might like it more." And conservatives have reason to like a legislative maneuver that has been used effectively to block tax hikes, ill-considered campaign-finance reform, and Hillary Clinton's health-care extravaganza. Still, the modern filibuster has been abused to the point that, unless an initiative is protected by special rules generally reserved for budget matters, virtually nothing can happen without a 60-vote majority in the Senate. Some behavior modification is in order to preserve an important tool that is too easily abused.

"In general, regardless of who's using them or how they're used, this is not supposed to be a procedure that sets up a supermajority hurdle routinely," explains Norm Ornstein, congressional scholar at the American Enterprise Institute. "It's supposed to be something reserved for an issue of great national moment when a minority feels intensely about it." There will be little interest in restoring the traditional filibuster across the board because the burden placed on senators forced to meet its round-the-clock demands conflicts with a modern, "family-friendly" Senate.

But, with Kate Michelman demanding that Democratic senators filibuster any judicial nominee who fails to give full-throated support to abortion rights, and People for the American Way's Ralph Neas pledging "judicial Armageddon" to block the approval of the president's nominees, Republicans should be expected to fight back with the most powerful weapon in their arsenal. It is not too much to ask that Republicans inconvenience themselves on behalf of such consequential matters as a ban on cloning and the appointment of federal judges.
http://www.nationalreview.com/kob/kob.asp

[Howlin]

Leave it to you to come along with the facts, friend.

Well stated.

[cyncooper]

I would suggest that the Gop get better PR out there when these type of problems or stories arise before others read into things different from what the true facts are.

Well, for starters, YOU can click on the article at the beginning of this very thread that shows the Republicans are moving on a strategy and not caving.

The fact is, you choose to believe the negative and ignore the positive until a popular person like Rush tells you it's OK to change your mind.

Also see the article linked at #226 which talks about procedures those of us following this saga knew about well before 2pm EST today.

[nicmarlo]

Yes, let's get ALL their questions WRITTEN DOWN, recorded for infamy, and PUBLISHED for ALL to see and read.

[justshe]

Have been current w/the thread....when it decides to refresh...lol.

[VRWC_minion]

What I thought two weeks ago was that the filibuster was too extreme for many of the dem moderates to go along with for very long

Then you are not observing well enough. The rats very survival is at stake here. To date the rats ended up losing control of the senate partially over the judges. The lesson they learned from the election was not that they should become more moderate but that they didn't stand firm enough.

How you could conclude that a filibuster would change the rats is to my eyes as silly as believing that the inspectors will make Saddam destroy his weapons.

Just curious, what exactly have the rats done recently that makes you think they would easily cave on this if they were forced to filibuster ?

[cyncooper]

Just look at this thread filled with optimists who still think the dems are losing and Estrada will be voted to the bench!

Fact: The dems ARE losing, Estrada WILL be voted to the bench.

[Howlin]

So I was wrong and the fox story was wrong where I based my thoughts on this from this.

See there, you depend too much on OTHER PEOPLE'S words -- and everybody on this thread told you you were WRONG, but you continued to insist that you and only you (and, of course, Rush!) were right.

Now, back to the matter of my question to you: you stated that Frist said he was going to go 24/7 and no weekends.

Are we now to presume that since you haven't posted any FACTS to back that up that you were WRONG about that, too?

Perhaps the reason you haven't answered my question is because it's not true; I doubt you'll admit that though.

[Elkiejg]

FL freeper (and anyone else who wants to act) help needed. Senator Graham (D_FL) made his announcement today that he is running for President (cast of thousands!). I personally don't think he has a chance - but I used his announcement to send him the following email about the Estrada block by RATS.:

Senator Graham:
I see in today's Melbourne paper that you are going to run for President. That of course is your right. However there is one action that as a presidential contender you should act on immediately. That is to stop your fellow Democrats in the Senate in their attempt to damage the constitution and abuse their "advise and consent" responsibility to the President's Judicial nominations. What a few Democrats are doing to the Senate, Mr. Estrada and this country is bordering on criminal.

What about war against America by terrorists don't they understand? Why do they continue to play political games when our country is in danger? Is their allegiance to regaining power at any price or to this country?

Senator Graham believe me, a vast majority of true Americans are more than fed up with the actions of the Senate Democrats. You have the opportunity to show that you place country over partisanship and if you think you are presidential material, we need to see where your allegiance lies.

[Robert_Paulson2]

not real encouraging to hear this stuff from our 'team' of warriors in the senate;

---

"Miguel Estrada could lose," said Senate Judiciary Committee Chairman Orrin Hatch, R-Utah.

"I feel sorry for his family. I feel sorry for him. I only hope that if they succeed in denying him this, that he will not assume that we are like that," said Sen. Pete Domenici, R-N.M.

---

sounds to me like they haven't learned to play hardball yet. Arrest democrat wives for lobbying, deny a few building permits on legal grounds , call a few friends at the banks and have loan portfolios cancelled in their home states, aka "kicking ass" and then throw a few grandkids or mistresses in jail over the weekend for DRUG use... and watch them vote for an end to the fillibuster poste haste.

---

Pubbies aren't really too smart about actually pulling the levers of power.... though they do genuflect when they point to them and say "lookie here now son, WE have the levers of power!"
Have them? Yes, without a doubt.
Have the courage or wisdom on how to USE them? H$LL no.