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Senate moves closer to filibuster showdown { May 18 2005 } Original Source Link: (May no longer be active)
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Senate moves closer to filibuster showdown
By Holly Yeager in Washington
Published: May 18 2005 19:00 | Last updated: May 18 2005 19:00
The Senate opened its debate on Wednesday on one of President George W. Bush's most controversial choices for the federal courts, moving closer to a historic confrontation over the rules of Congress and the balance of power in US government.
Republican leaders complained that Democrats had broken with 214 years of Senate practice when they used the so-called filibuster to block past attempts to move to a vote on Priscilla Owen of Texas, who Democrats complain is driven by ideology. She was first nominated four years ago to a seat on the US Court of Appeals for the 5th Circuit, in New Orleans.
“That's wrong. That's unfair,” Bill Frist, the Senate majority leader, said repeatedly. “Either confirm the nomination or reject the nomination but don't leave them hanging.”
Democrats said they had approved 208 of Mr Bush's judicial nominees, blocking votes on just 10. They complained that the tactics Mr Frist is contemplating to secure a vote on Ms Owen's nomination what they called “breaking the rules to change the rules” threatened to weaken the rights of the minority and undercut the power of Congress.
“This is part of a sustained effort to consolidate power in one branch, the executive branch,” said Patrick Leahy, the top Democrat on the Senate judiciary committee.
The much-anticipated showdown over Mr Bush's nominees is likely to remain the focus of Senate business at least through next week. Looming above the debate is the likelihood that Mr Bush will soon have the opportunity to appoint at least one Supreme Court justice. Debate on that nomination is expected to be even more intense and Democrats are eager to maintain their ability to block candidates they find objectionable. Republicans are keen to smooth the way for approval of the president's candidates.
While some moderate lawmakers from both parties continue to look for a compromise, Mr Frist made clear he was prepared to proceed with the debate.
Early on Wednesday he rejected a proposal from Harry Reid, his Democratic counterpart, to delay debate on Ms Owen and first consider four non-controversial nominations. Mr Frist also listened quietly while Mr Reid suggested that senators retire to the old Senate chamber, near the current Senate floor, to “sit down and talk through this issue”.
But Mr Frist complained that Democrats were again trying to delay. “I'm trying to moveto a qualified nominee,” he said.
The Senate is expected to debate Ms Owen's nomination, as well as the Senate rules and proposals to change them, for several days before proceeding to a vote, likely early next week, on a procedural motion to be used as a test of senators' appetite for the rule change.
The filibuster allows just 40 senators to block a vote. Mr Frist is expected to propose that, with just a simple majority of the Senate's 100 members, the rule be changed, allowing a vote to proceed with 51 votes, rather than the 60 required to overcome a filibuster. While Republicans hold 55 seats in the chamber, it remained unclear whether Mr Frist could muster the majority he needs to carry out the move.
Democrats have threatened to retaliate by using Senate procedures to delay progress on other matters. They offered a glimpse of that approach on Wednesday, invoking Senate rules to prohibit most committees from meeting for more than two hours while the full Senate was in session.
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