Graham-brokered
deal faces its toughest test Compromise to end filibusters on judicial nominees could
collapse on nomination to replace O’Connor By LEE BANDY Staff Writer
The compromise that U.S. Sen. Lindsey Graham helped broker to
clear the way for President Bush’s judicial nominees will get its
first real test once the White House names a successor to retiring
U.S. Supreme Court Justice Sandra Day O’Connor.
“We’re going to see how well that thing holds together,” said
Francis Marion University political scientist Neal Thigpen. “We’re
going to see what that thing is made of.
“It could well fold up like a house of cards.”
Because O’Connor is a moderate, her departure gives Bush an
opportunity to alter the court, pushing it to the right. Most
observers expect him to name a conservative.
Graham is among them.
“I hope he will send over a solid conservative,” said Graham, a
member of the Senate Judiciary Committee that will consider the
nominee sometime this summer. “To expect him to do otherwise would
be unrealistic. I just hope the Senate will treat the nominee
decently and with respect.”
Graham predicted O’Connor would go down in history “as one of the
most influential justices to have ever served in the Supreme
Court.”
U.S. Sen. Jim DeMint of Greenville called O’Connor “a jurist of
great integrity, skill and experience.” He commended her for her
“noble contribution” to the judicial system.
DeMint hopes Bush names a conservative to the court.
“While some Democrats will attack anyone the president
nominates,” DeMint said, “I hope they will give the nominee serious
and fair consideration.”
Partisans began arming for a possible confirmation battle months
ago, and it was the subtext to the Senate battles over the
Democratic minority’s use of the filibuster to block Bush’s
lower-court judicial appointments.
Under the compromise agreement signed off by 14 senators — seven
Democrats and seven Republicans, including Graham — future nominees
to the appeals court and U.S Supreme Court should “only be
filibustered under extraordinary circumstances.”
However, each Democratic senator holds the discretion to decide
when those conditions have been met.
In exchange, seven Republicans said they would vote against GOP
Majority Leader Bill Frist, R-Tenn., if he sought to do away with
the filibuster in judicial nominations.
“My hope is that when we consider the first nominee — the first
in 11 years— the Senate will conduct itself in a more traditional
fashion,” Graham said.
“It will be a real test of the Senate to see if we can rise to
the occasion with an up or down vote. A filibuster would be bad for
the Senate, bad for the judiciary, and bad for the country.”
Graham has come under fire for his role in the compromise. It was
seen as a defeat for Bush and a blow to religious conservatives.
They have advocated appointments of more socially conservative
judges and put considerable pressure on Frist and Republicans to do
away with the filibuster.
Graham has taken it on the chin for reaching across the aisle to
work with Democrats.
Graham says that if the Democrats start to filibuster again, he
will support Frist and vote to cut off debate.
“I think we’re in for some nasty sledding,” said Clemson
University analyst Bruce Ransom.
Moveon.org, a liberal group best known for scathing ads against
President Bush in the 2004 campaign, already has joined the fray.
The organization will launch a television ad in South Carolina and
three other states calling on Bush not to nominate “an extremist who
will undermine the rights of individuals and families.
While the ad does not mention Graham, a Moveon spokeswoman said
Graham’s centrist attitudes motivated the group to air the piece in
South Carolina.
Staff writer Aaron Gould Sheinin contributed to this report.
Reach Bandy at (803) 771-8648 or lbandy@thestate.com. |