Senate Republican Presses For Deal in Filibuster Fight

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WASHINGTON – A leading Senate Republican expressed hope yesterday for a deal to end the divisive fight over the filibustering of judicial nominees, saying “some of us might be moderately intelligent enough to figure this out.”


“We need to work through this,” said Senator Hagel, a Republican of Nebraska who is publicly undecided about whether to endorse the GOP threat to use their Senate majority to ban such filibusters.


Mr. Hagel noted that private talks are continuing between Senate Majority Leader Frist, a Republican of Tennessee, and Senate Minority Leader Reid, a Democrat of Nevada, in an effort to work out a compromise.


“My goodness, you’ve got 100 United States senators. Some of us might be moderately intelligent enough to figure this out. We would, I think, debase our system and fail our country if we don’t do this,” Mr. Hagel told ABC’s “This Week.”


“But you can’t give up a minority rights tool in the interest of the country, like the filibuster,” he said. The GOP is talking about seeking a parliamentary ruling that declares filibusters are not permitted against judicial nominees. That ruling would ultimately be submitted to the full Senate for a vote, with a simple majority required to prevail.


[On “Fox News Sunday,” Senator Schumer said that “as best I can tell,” Republicans do not have sufficient votes to pass the rule change. Five or six Republican senators “haven’t made up their minds,” he said. “The whole reason Bill Frist hasn’t brought it to the floor yet is he does not have the votes because of the heartfelt convictions of a handful of Republican senators who know deeply this is wrong.”


Senator Allen, a Republican of Virginia, disagreed with his assessment. “I think the people of this country expect Republicans to act. We should not cower. I think Republicans will have the votes in the event the Democrats continue with this approach.”]


During President Bush’s first term, Democrats filibustered 10 nominees to federal appeals courts and have said they will do so again this year for the seven that Mr. Bush renominated. As of late March, the Senate had confirmed 204 judges chosen by Mr. Bush, according to the Senate Judiciary Committee.


It takes 60 votes in the 100-member Senate to stop a filibuster and end unlimited debate intended to block legislation or a nomination. In the current Senate, there are 55 Republicans, 44 Democrats, and one independent.


The vice president can break a 50-50 tie. Passing a bill or confirming a nominee requires only a simple majority, 51 senators if all 100 senators are present.


“The United States Senate is a minority-rights institution unique in the world,” Mr. Hagel said. “And I don’t think either side wants to give that up. Now, the other part of this, which I also believe strongly, is that presidents deserve votes on their nominees.”


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