Clash on Judicial Nominees Could Spill Into Lawmaking
By CARL HULSE
Published: March 7, 2005
WASHINGTON, March 6 - Republicans and Democrats are preparing intently behind the scenes in anticipation of a Senate floor showdown over Democratic opposition to President Bush's conservative judicial candidates, a procedural clash with the potential to throw the Senate into turmoil.
Leaders and senior staff members of both parties are combing Senate precedents and plotting strategies for a prospective move by Republicans to change Senate rules to prevent Democrats from blocking floor votes on federal court nominees. The Republican chairman of the Judiciary Committee has hired the co-author of a recent academic article on how such a rules change might be achieved. Democrats are consulting their own experts and studying survey data on public views on the filibuster of judicial nominees.
Both sides are aggressively mapping out the public relations war that would follow if Republicans seek the rules change and Democrats make good on their threat to bring the Senate to a standstill. Democrats would assert that Republicans are curbing the rights of the minority party that have been a Senate hallmark for 200 years; Republicans would argue that Democrats are halting the flow of legislation in an obstinate refusal to allow up-or-down votes on prospective federal judges in defiance of the Constitution.
More is at risk than the fate of the judicial candidates. The Senate functions from day to day under a series of consent agreements between the two parties, and a breakdown in relations could jeopardize prominent bills. A failure to approve annual spending bills before Oct. 1 could conceivably shut down the federal government.
Leading Democrats say the potential ramifications for the Senate make the political risks acceptable. They were bolstered in recent days by the results of an independent poll shown privately to lawmakers. The survey found that 49 percent of those questioned believed that senators should be able to filibuster Supreme Court nominees, as opposed to 40 percent who supported a rules change....
http://www.nytimes.com/2005/03/07/politics/07cong.html