US Senate Considers Nuclear Option On Filibuster

by Leroy Baker, for LawandTax-News.com, New York

20 May 2005

The US Senate has begun debating the nomination of a controversial senior judge which could to a vote in the coming days on removing the Democrats' power to block judicial nominees with a procedural hurdle called a filibuster.

Using the filibuster to delay or block legislative action has a long history. The term filibuster - from a Dutch word meaning "pirate" - became popular in the 1850s, when it was applied to efforts to hold the Senate floor in order to prevent a vote on a bill.

A fierce debate began earlier this week when Senate Majority Leader Bill Frist, a Tennessee Republican, accused Democrats of using obstructionist tactics to "kill, to defeat, to assassinate these nominees." As a consequence, Republicans have threatened to change Senate rules in order to stop Democrats from filibustering nominations with which they disagree.

Unless a last minute deal is reached, the Democrats have said they will filibuster several of President George W Bush's nominees to senior judicial positions because of what they argue are their extremist views on issues such as abortion and gay rights.

Accusing Republicans of "an arrogance of power" in threatening to abolish the procedure, Senate Minority Leader Harry Reid, a Nevada Democrat, stated: "The filibuster is a critical tool to keep the majority in check."

The debate over the current judicial nominations is also likely to act as a precursor to an even bigger controversy over vacancies in the Supreme Court, which are expected to occur in the next few years.

Talking to the BBC, Grover Norquist, President of the Republican-leaning pressure group, Americans for Tax Reform, acknowledged that there is likely to be a "drift to the right" in America's judicial institutions in the years ahead.

"Eventually as more liberal judges or activist judges retire or pass away and are replaced by judges confirmed by a Republican Senate, the courts - the Supreme Court in particular, but the courts in general - will drift to the right," he noted.

On Wednesday, Frist’s Communication Director Bob Stevenson made the following statement in response to the Senate Democrats’ refusal to grant consent, effectively shutting down the Senate’s committees and preventing lawmakers moving on other important legislative issues:

“What a difference a day makes. Less than 24 hours after he complained the Senate is ignoring issues important to Americans, Democrat Leader Harry Reid today threatened progress on an energy bill, a jobs bill, disaster relief, and a closed intelligence meeting.

“To close down the committees over the judges issue is not only counterproductive, it could hurt Americans looking for work or suffering at the gas pumps.

“Despite any differences over the judges, the American people want their government to continue working on issues important to them. They want the Senate to do its job.

“Despite his suggestions to the contrary, Senator Reid’s actions speak volumes. It would appear the Democrats’ threat to shut down the Senate has already begun.”

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