CUT THE BLUE WIRE:

Senate GOP set to go 'nuclear' over judges (CHUCK LINDELL, November 28, 2004, The Cox News Service)

Senate Republicans, boldly confident after their Nov. 2 electoral success, are preparing to end months of frustrating delays over President Bush's judicial picks by hitting Democrats with Republican's ultimate legislative weapon. [...]

Because all appointments must be resubmitted when a new Congress convenes, the first move will be up to Bush.

Based on the president's track record, Ornstein expects to see most of the 10 filibustered judges renominated to the circuit courts of appeal — one step below the Supreme Court. New nominees also will be scrutinized.

"He can up the ante here or reduce the temperature, which will make a difference in terms of the prominence of the issue," Ornstein said. "I think it's going to be big because I have a hard time imagining Bush not pushing the envelope on these nominees."

Even renominated judges must begin the process anew, sitting through grueling hearings before the Judiciary Committee, receiving approval from the panel's Republican majority, then waiting to see whether if Democrats filibuster on the Senate floor. If they do, Republicans likely will counter with two measures before considering the nuclear option.

One would mandate a timetable for judicial nominations — probably 30 days to hold a hearing, followed by 30-day deadlines for a committee vote and a floor vote.

The second gradually would reduce the number of senators necessary to halt a filibuster with each successive vote, from the current 60-vote threshold to 57, then 54, then a simple majority of 51.

Both options were introduced last Congress as resolutions, but Republicans chose not to press forward. Next Congress, however, they'll have a stronger majority with 55 seats, up from 51, improving their odds of success but still not enough to stop Democrats if they choose to filibuster the resolutions.

The nuclear option would be a last resort if other measures fail, said Sen. John Cornyn, R-Texas, who will likely play a central role in the debate as a member of the Judiciary Committee and chairman of the Constitution subcommittee.

Cornyn argues that judicial filibusters unconstitutionally require a 60-vote supermajority to approve nominees, not the simple majority mandated in the Constitution.

"Democrats must stop not only for the good of the Senate but out of respect to the president, who received almost 60 million votes on November 2, and out of respect for the Constitution itself," Cornyn said. "No group of senators has the right, no minority has the right to tyrannize the majority of the Senate."

The nuclear option would begin with Frist taking the Senate floor to seek a ruling from the presiding officer, likely to be Vice President Dick Cheney in his role as Senate president, to determine whether judicial filibusters violate the Constitution.

Cheney's affirmative response would initiate a vote on changing the filibuster rule which also would be subject to a filibuster unless Cheney over- rules the Senate parliamentarian on whether normal debate rules apply. Then, only 51 votes would be needed for approval.

Another option includes changing Senate guidelines to disallow judicial filibusters, which also would require the Senate president to declare that normal filibuster rules do not apply, so 51 votes could prevail. Changing Senate rules should occur early in the session to gain legitimacy, some Republicans say, making this option potentially less appealing.

Either way, it would be pure power politics, leaving Democrats unable to respond.

Easy enough to defuse the nuke, just agree to get rid of the anticonstitutional filibusters for appointees.

Posted by Orrin Judd at November 28, 2004 7:17 PM