Posted on Sun, Apr. 24, 2005


DeMint, Republicans target filibusters
Senator from S.C., others want to stop Democrats from holding up judicial nominations

Washington Bureau

WASHINGTON — Not only is U.S. Sen. Jim DeMint, R-S.C., ready to use the so-called “nuclear option” to bring Democrats to heel on judicial nominations, he says ending the filibuster on judicial nominees is nearly “inevitable.”

The strategy, which DeMint and like-minded Republicans call the “constitutional option,” would end the an age-old Senate privilege — the filibuster.

The filibuster, as you may remember from civics class, is that parliamentary maneuver that allows a single U.S. senator to block legislation by standing and talking — at great length on any subject . Democrats have used or threatened to use this technique against several of President Bush’s nominees to the federal bench that they consider too conservative.

DeMint, citing a failure at compromise, joined with other freshman Senate Republicans this week to push for stronger tactics against the Democrats.

“So far every proposal (to compromise) has been rejected out of hand,” said DeMint.

He is prepared for the Senate to change its rules so that a filibuster on judicial nominees could be ended with a simple majority vote, instead of the currently-required, hard-to-come-by two-thirds vote.

Here’s the filibuster math: It now takes 60 senators to end a filibuster. The GOP holds 55 Senate seats. It would take a majority of senators, 51, to change that rule, so that a simple majority of senators could stop a filibuster.

“It’s probably going to happen,” DeMint said. “It looks almost inevitable now.”

Democrats counter that they have hardly abused the filibuster in that the Senate has confirmed 205 of President Bush’s 215 judicial nominations — 95 percent.

Patrick Leahy, the ranking Democrat on the Senate Judiciary Committee, launched a blistering attack on the anti-filibuster campaign from the Senate floor last week. He said it would “demean the Senate,” and called it “a giant leap toward an unfettered executive controlling all three branches of the federal government.”

U.S. Sen. Lindsey Graham, R-S.C., also sits on the Judiciary Committee. His spokesman, Kevin Bishop, said he would like to avoid using the “constitutional option” but understands that it may be necessary.

Unlike DeMint, when asked about the option at a press conference last week, the usually outspoken Graham dodged the question.

“I’m not prepared to talk about that,” he said. “There are pros and cons.”

VERBATIM

“We talked about the energy bill, Social Security, of course, tort reform. A lot of small talk. Baseball. We talked a little about USC — you know he’s got a nephew going there — and about (USC football coach Steve) Spurrier, football.”

— U.S. Rep. Henry Brown, R-S.C., on what he and three other members of the S.C. congressional delegation and President Bush talked about on Air Force One on their way to Columbia on Monday

Reach Markoe at (202) 383-6023 or lmarkoe@krwashington.com





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