Monday, January 24, 2005

Judicial Filibuster Defeat?

Featured editorial over at OpinionJournal.com on the upcoming confrontation in the Senate over the Democrats obstructionist ways.

It's been a long time coming, but we now have an approximate date for a confrontation in the Senate on judicial nominations. Majority Leader Bill Frist has announced that if Democrats filibuster the nominations he expects to bring to the floor next month, he'll take action.

Finally. Perhaps the biggest failure of Mr. Frist's leadership in the last Congress was his inability to corral Republicans and stop the Democrats' unprecedented filibuster of 10 of President Bush's appeals-court nominees. It was the first time in U.S. history that the filibuster had been used against nominees to the appellate bench, as a Congressional Research Service paper has amply shown.

Mr. Bush has said he will re-nominate those men and women left over from his first term who are willing, and so the battle is about to be joined again. From the filibuster list, that includes Priscilla Owen, William Pryor, Henry Saad and Janice Brown. These highly qualified nominees had bipartisan support in the last Congress and would have won confirmation by majority vote, but they were denied up-or-down votes on the Senate floor.

Which brings us to the proposed change in Senate precedents that Democrats call the "nuclear option" to make it sound radical. If the Democrats filibuster again, Mr. Frist would ask for a ruling from the presiding officer that under Senate Rule XXII only a simple majority vote is required to end debate on judicial nominations. Assuming 51 Senators concur, the Senate would then proceed to an up-or-down floor vote on the nominee.


It’s about time the Democrats get the message and stop blocking nominees. This should be an interesting event to watch transpire. Tom Daschle lost his seat because of his obstructionism. Will there be more filibustering senators losing seats in 2006? Time will tell.

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