WASHINGTON, 24 May 2005 — The US Senate will hold a crucial vote today on a proposed ban on filibusters of President George Bush’s judicial nominations. Opponents warn it could change the nature of the Senate.
Barring a last-minute compromise last night, Republican leaders were to call for a vote this morning to change the Senate rules on filibustering. Several Republican Senators have increased the drama by declining to reveal their voting intentions.
It takes only a simple majority of senators to confirm a judicial candidate, and Republicans control 55 of the Senate’s 100 seats. Senate Democrats successfully halted action on 10 appellate court nominees last year by threatening a filibuster, a stalling tactic in which the minority refuses to end debate. Ending a filibuster takes 60 votes.
Due to an anticipated Supreme Court vacancy and several critical votes this week, pressure has been building for Republicans to eliminate the procedures that allowed the Democratic minority to block one-quarter of the president’s court nominees through filibusters.
The stakes are high. Today’s expected test vote will involve just one nomination. Texas state judge Priscilla Owen will be voted on for the 5th Circuit Court of Appeals, based in Louisiana. Democrats claim she is a neo-conservative, and too biased for such an important post. Republicans insist that, whatever her views, she is entitled to a straight up-or-down vote. They currently have only 55 of the 100 Senate seats, not enough to block a filibuster.
As of press time, it was yet to be decided whether the Senate would stay in session throughout last night. Just in case — Democrats reserved a side room to show the movie, “Mr. Smith Goes to Washington,” the 1939 film in which actor Jimmy Stewart’s character stages a dramatic 24-hour filibuster.
Although the current proposal involves only judicial nominations, Democrats insist it will ultimately end the filibuster in its entirety.
Although the current battle is over Owen, and three other appeal court nominees, the real battle here is over Supreme Court seats.
Republicans and Democrats have been at odds over issues such as abortion and gay rights. And at least one, and perhaps three, Supreme Court vacancies are expected to be filled by Bush during his second term.
Chief Justice William Rehnquist is expected to be the first to retire when the court’s current term ends this summer. He is 80-years-old and fighting thyroid cancer.
As it now stands, Senate Majority Leader Bill Frist has given Democrats an ultimatum: Allow an up-or-down vote rather than a majority vote on Bush’s designees or prepare for an end to filibusters on judicial nominees — which Republicans have dubbed the “nuclear option.”
Democrats have dug their heels in on Frist’s request, insisting the filibuster be preserved to guarantee the rights of the Senate minority.
