Sen. Frist stands firm on full vote for all judicial nominees
By Associated Press
Published April 27, 2005
WASHINGTON - Senate Majority Leader Bill Frist on Tuesday rejected compromise offers that would allow minority Democrats to continue to block judicial nominees, saying all of President Bush's court choices deserve confirmation votes from the Senate.
"At the end of the day, one will be left standing ... the Constitution, which allows up-or-down votes, or the filibuster," Frist said.
Democrats blocked 10 of Bush's appellate court choices through filibuster threats, which means those nominees would have to get 60 votes before they could be confirmed to lifetime seats on the nation's second highest court. They have threatened to block again the seven Bush renominated this year and future ones they consider outside the mainstream.
Republicans in response have threatened to use their majority to change senatorial rules to require a simple majority vote for confirmation, in part because of concerns a Democratic blockade could affect a Supreme Court vacancy if a high court seat opens in Bush's second term.
To avoid that showdown, Senate Minority Leader Harry Reid said Tuesday he had offered Frist a compromise. The Nevada Democrat would not give full details but said part of the deal would require Republicans to back away from attempting to ban judicial filibusters.
"I want to emphasize that any potential compromise is contingent on a commitment that the nuclear option will not be exercised in any form during this Congress," Reid said.
Reid laid out the compromise for party members at a closed door meeting Tuesday.
It includes allowing confirmation votes for three nominees for the 6th U.S. Circuit Court of Appeals - Richard Griffin, David McKeague and Susan Neilson - in exchange for Henry Saad's nomination to that court being withdrawn. Democrats also would not block confirmation of one of the four remaining filibustered nominees: Priscilla Owen, Janice Rogers Brown, William Myers and William Pryor, but it is not clear which one would be chosen for confirmation.
Reid also called for giving senators more power over appointment of judges from their state as well as the creation of a task force, made up of former senators, to recommend improvements in the confirmation process.
But Frist, earlier in the day, said he would not accept any deal that doesn't include full Senate votes on judicial nominees the Senate Judiciary Committee has approved.
"My goal is to have fair up-and-down votes," Frist said. "Are we going to shift from that principle? The answer to that is no."
Frist also would not discuss specifics, but said he would not advocate the withdrawal of any judicial nominee and would continue to insist they all get confirmation votes.
"That would mean people in the past as well as the future," Frist said.
Frist and Reid both acknowledge they are constantly negotiating, trying to find a solution in which the Senate does not have a showdown.
Republicans could eliminate judicial filibusters by majority vote, and Democrats concede Frist might have the necessary votes to make that happen.
On Tuesday, one of the undecided Republicans, Sen. George Voinovich of Ohio, said he would vote with Frist to ban filibusters. But, he said, "I'm hoping that they come up with a compromise so we don't need to deal with this issue."
