Frist Rejects Deal To Let Democrats Block Nominees
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WASHINGTON – Senate Majority Leader Frist yesterday rejected compromise offers that would allow minority Democrats to continue to block judicial nominees, saying all of President Bush’s past and future court choices deserve confirmation votes from the GOP-controlled Senate.
“At the end of the day, one will be left standing … the Constitution, which allows up-or-down votes, or the filibuster,” Mr. Frist said.
Democrats blocked 10 of Mr. Bush’s appellate-court choices through filibuster threats, which means those nominees would have to get 60 votes before they could be confirmed to lifetime seats on the nation’s second-highest court. They have threatened to block again the seven that Mr. Bush renominated this year, as well as future ones they consider outside of the mainstream.
Republicans in turn have threatened to use their majority to change senatorial rules to require a simple majority vote for confirmation, in part because they fear a Democratic blockade could affect a Supreme Court vacancy if a high-court seat opens in Mr. Bush’s second term.
To avoid that showdown, Senate Minority Leader Reid said yesterday he had offered Mr. Frist a compromise. The Nevada Democrat refused to give full details, but said part of that compromise would require Republicans to back away from attempting to ban judicial filibusters.
“I want to emphasize that any potential compromise is contingent on a commitment that the nuclear option will not be exercised in any form during this Congress,” Mr. Reid said.
Democratic congressional sources said Mr. Reid laid out the compromise for party members at a closed-door meeting yesterday.
It includes allowing confirmation votes for three nominees for the 6th U.S. Circuit Court of Appeals – Richard Griffin, David McKeague, and Susan Neilson – in exchange for Henry Saad’s nomination to that court being withdrawn. Democrats also would not block confirmation of one of the four remaining filibustered nominees – Priscilla Owen, Janice Rogers Brown, William Myers, and William Pryor – although it is not clear which one would be chosen for confirmation.
Mr. Reid also called for giving senators more power over appointment of judges from their state as well as the creation of a task force, made up of former senators, to recommend improvements in the confirmation process.
But earlier in the day, Mr. Frist said he would not accept any deal that keeps his Republican majority from confirming judicial nominees that the Senate Judiciary Committee has approved.
“My goal is to have fair up-and-down votes,” Mr. Frist said. “Are we going to shift from that principle? The answer to that is no.”
Mr. Frist also would not discuss specifics, but said he would not advocate the withdrawal of any judicial nominee and would continue to insist they all get confirmation votes. “That would mean people in the past as well as the future,” Mr. Frist said.
Messrs. Frist and Reid both acknowledge they are constantly negotiating, trying to find a solution in which the Senate does not have a showdown.
Republicans could eliminate judicial filibusters by majority vote, and Democrats concede Mr. Frist may be only one or two votes shy of the necessary total.