Associated Press: Georgia Senators Oppose Compromises Denying Votes for Any Judge

Date: May 20, 2005
Location: Washington, DC
Issues: Judicial Branch


Associated Press: Georgia Senators Oppose Compromises Denying Votes for Any Judge

Sen. Saxby Chambliss says he hasn't decided whether to support all seven judicial nominees blocked by Democrats, but he and Georgia colleague Johnny Isakson pledged Thursday to oppose compromises that would deny any one of them a vote.

During a conference call with reporters, the two Republican senators said they would stick with Senate Majority Leader Bill Frist on the judicial stalemate that has pushed the Senate to the brink of a constitutional crisis.

"This is all about politics and nothing about the substance of these judges, and that's just wrong," Isakson said.

In somewhat of a surprise, Chambliss _ formerly a member of the Senate Judiciary Committee, which considers the judges _ indicated he is struggling with a couple of nominees and might not vote for them all.

But because they were approved by the committee, Chambliss says all deserve to be considered by the full Senate. That would mean certain confirmation because all seven likely have the needed 51 votes, but they lack the 60 needed to end a Democratic filibuster.

Barring a last-minute agreement, Frist has suggested a parliamentary move that would disallow continued filibusters, and Democrats have threatened to block Senate business if that happens.

Democrats say the move, which they call the "nuclear option," would reverse 224 years of Senate tradition. Republicans _ including Chambliss and Isakson _ contend that tradition has included virtually no cases of using filibusters to block nominees rather than legislation.

Moderate Republicans and Democrats have tried to end the stalemate, including talks about allowing votes on some of the nominees but not others. Chambliss and Isakson said they couldn't support such a compromise.

"I cannot envision me not agreeing to allow somebody an up or down vote," Chambliss said. "The way our country's judicial system has always worked is to remove the politics from the nominee."

One compromise both Georgia senators say they like was proposed a year ago by Isakson's predecessor, Democratic Sen. Zell Miller.

Under Miller's proposal, which would apply only to judges, a nomination must have been pending for 12 hours before a senator can request "cloture," a vote to end debate. The first time cloture is sought, it would take 60 votes, as is the case now. After that, there would be diminishing requirements of 57, 54, 51 and finally a simple majority of those present and voting.

Democrats, however, aren't likely to support the idea because it would just be a matter of time before all seven nominees are confirmed.

Among the judges currently being stalled by a Democratic filibuster is William Pryor, a nominee for the 11th Circuit _ a federal appeals court based in Atlanta. Last year, President Bush installed Pryor on the court temporarily while Congress was out of town, but he needs Senate confirmation this year for the lifetime appointment to take effect.

Isakson predicted Democrats would back down when Frist gets closer to applying the nuclear option, likely sometime next week. Isakson said he doubts Democrats would make good on their threat to halt all Senate business _ at least for long.

"I just don't see (how) a party shutting down the government with regard to some issue just flies with anybody," Isakson said.

http://chambliss.senate.gov/News/singleNews.cfm?NewsID=291

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