Filibuster Anyone?

One of the "Gang of 14" to say no on Alito

http://rawstory.com/news/2005/Conservative_Democrat_balks_on_approving_Alito_0124.html
I still don't think there will be a filibuster, but this news now makes me wonder;

One of the most conservative Democrats in the Senate, Sen. Bill Nelson (D-FL) today announced he would vote no on Judge Samuel Alito Jr.’s confirmation to the Supreme Court -- raising the possiblity of a filibuster, RAW STORY has learned. Just one Democrat has said he'll vote to confirm Alito.

Nelson's release follows;

WASHINGTON, D.C. -- U.S. Sen. Bill Nelson of Florida today announced he would vote no on Judge Samuel Alito Jr.’s confirmation to the Supreme Court.

Alito, President Bush’s nominee to succeed retiring Justice Sandra Day O’Connor, won a narrow 10-8 approval from the Senate Judiciary Committee earlier in the day. The full Senate is expected to vote later this week or early next week.

Nelson, who withheld an announcement until the judiciary panel had finished its hearings on Alito, disclosed his intention to vote no shortly after the committee’s final meeting. Said Nelson:

"I have voted for almost all of President Bush’s judicial nominees; and, I greeted Judge Alito’s nomination with an open mind. But his many legal writings, judicial opinions and evasive answers both at his hearing and in our private meeting, convinced me he would tilt the scales of justice in favor of big government over the average person.

"Because he is not the centrist voice I believe this nation needs to replace the retiring Justice Sandra Day O'Connor, who fiercely defended the rights and liberties of all Americans, I’m going to vote no on his confirmation."

All told, during five-plus years in the Senate, Nelson has voted for 215, or 96 percent, of the president’s 225 judicial picks, including Miguel Estrada and Chief Justice John Roberts.

Info on the "Gang of 14";

The Gang of 14 (sometimes called the Mod Squad, with "mod" standing for "moderate") was a term coined to describe the bipartisan group of moderate Senators who successfully negotiated a compromise to avoid the deployment of the so-called nuclear option over the organized use of the filibuster by Senate Democrats in opposition to judicial nominees in the U.S. Senate in early 2005. It consists of 7 Republicans and 7 Democrats led by Sens. Ben Nelson (D-Nebraska) and John McCain (R-Arizona). The informal group was active again in July 2005, attempting to advise Bush on the choice of a nominee to replace retiring Supreme Court Justice Sandra Day O'Connor. On November 3, 2005, the group met to discuss the nomination of Samuel Alito to the high court, but came to no conclusions, noting that the hearing process has only just begun.

The Gang of 14 made an agreement whereby the seven Democrats would no longer vote along with their party on filibustering judicial nominees (except in "extraordinary circumstances"), and in turn the seven Republicans would break with Senate Majority Leader Bill Frist and the Republican leadership on voting for the "nuclear option." Due to the near-tie in votes between the two parties, the agreement of these Senators practically prevents either side from winning a simple majority to pass either the filibuster or the change to congressional rules. While infuriating their party leaderships, the group members were hailed as moderates who put aside the severe partisanship to do what was best for the Senate.
7,107 views 20 replies
Reply #1 Top
Spector's yes vote virtually rules out any republican moderates from voting no. A filibuster will be unlikely for an election year.
Reply #2 Top
I forgot to add that Nelson was the only Democrat who voted for ultra conservative Appeals Court Judge, Janice Rogers Brown. With that in mind, a credible case can't be made that he's voting against Alito based solely on his conservative philosphy.

I've heard many on the right try to make the case that Dems will automatically vote against any judge who they think would vote to overturn Roe V. Wade, but Brown has never shown anything but contempt for the ROE decision. So at least with Nelson, the theory of a Democrat litmus test (ROE) is not true.
Reply #3 Top
A filibuster will be unlikely for an election year.


Good point.
Reply #4 Top
Of course, Sen. Nelson has the right (and the obligation) to vote his conscious here, I have yet to hear any Senator state why he or she will vote no based on any Constitutional reasoning.

Sen. Nelson cites:

"Because he is not the centrist voice I believe this nation needs to replace the retiring Justice Sandra Day O'Connor, who fiercely defended the rights and liberties of all Americans, I’m going to vote no on his confirmation."


This doesn't wash with me. Since when are the seats on the Supreme Court assigned according to political philosophy? If the next president is a democrat, will he (or she) be obligated to nominate a conservative to replace Justice Scalia? I can't even type that out witout laughing. Of course they wouldn't (and shouldn't).

The whole "balance on the court" argument is a red herring used by Senators who are left with nothing substantial to back a No vote.

If Sen. Nelson doesn't like Judge Alito, why doesn't he just vote No and leave it at that? Bringing up irrelevant arguments only makes him look silly.
Reply #5 Top
My apologies, I apparently confused Ben Nelson with Bill Nelson. Bill Nelson is NOT a member of the Gang of 14.
Reply #6 Top
I hope there will be a filibuster. Democrats never seem to learn otherwise.
Reply #7 Top
There will be "no" filibuster. The dems are shaking in their collective boots!


WASHINGTON — Senate Majority Leader Bill Frist said Sunday he is prepared to strip Democrats of their to ability filibuster if they try to stall Samuel Alito's nomination to the Supreme Court.

"The answer is yes," Frist said when asked if he would act to change Senate procedures to restrict a Democratic filibuster. "Supreme Court justice nominees deserve an up-or-down vote, and it would be absolutely wrong to deny him that."
Reply #8 Top
Interesting point davad, sadly I do not think dems are voting their conscience but voting about the possibility of abortion being banned.

Alito has all the qualifications to be a SCOTUS Justice.

Ruth bader Ginsberg was an ACLU lawyer , yet the right voted her in, why? because she was and is qualified.

Now everything is about partisan politics from both sides.
Reply #9 Top
There will be "no" filibuster. The dems are shaking in their collective boots!


Why would they be "shaking in the boots"? The vast majority of Democrats WANT them to filibuster, even if it gets nuked. Conservatives are always trying to slam Dems for not standing for anything. Even if they get nuked, at least they stood their ground and stood up for what they believe.
Reply #10 Top
Conservatives are always trying to slam Dems for not standing for anything. Even if they get nuked, at least they stood their ground and stood up for what they believe.


Democrats don't even know what they believe. They have no reason not to approve Alito. I was listening to the democrats complain about him yesterday, and they could never bring up a valid reason against him.
Reply #11 Top
Why would they be "shaking in the boots"? The vast majority of Democrats WANT them to filibuster, even if it gets nuked. Conservatives are always trying to slam Dems for not standing for anything. Even if they get nuked, at least they stood their ground and stood up for what they believe.


They ARE shaking in their boots. "If" the republicans nuke them, then they (democrats) would lose a lot of power. And "that" is something they are vastly afraid of! Standing their ground on this will "not" help them one way or the other. And another thing...the vast majority of dems do NOT want them to filibuster!
Reply #12 Top
And another thing...the vast majority of dems do NOT want them to filibuster!
You going to bust out another lame poll to support this?
Reply #13 Top
And another thing...the vast majority of dems do NOT want them to filibuster!
You going to bust out another lame poll to support this?


I do not need to. Please refer to reply #11.

They ARE shaking in their boots. "If" the republicans nuke them, then they (democrats) would lose a lot of power. And "that" is something they are vastly afraid of! Standing their ground on this will "not" help them one way or the other. And another thing...the vast majority of dems do NOT want them to filibuster!
Reply #14 Top
O....k

Looking back at #11....

Nope still don't see anything that supports your assertion that Dems don't want the DEM senators to filibuster.
Reply #15 Top
So davad my reply is not worth considering a reply back?
Reply #16 Top
O....k

Looking back at #11....

Nope still don't see anything that supports your assertion that Dems don't want the DEM senators to filibuster.




O...K you don't seem to understand about them losing a tremendous amount of power in the congress if it happens and them not wanting that to happen. And btw, what are "you" basing your "assumptions" on?
It would seem that your operating under and assumption that I did not make. When I said democrats I was talking about the congressional ones. "Not" the general rank and file.

Personally I hope they do. And then they'll get nuked!
Reply #17 Top
So davad my reply is not worth considering a reply back?


I didn't know I was obligated to reply to each comment. There's nothing in your post that I have great issue with althougn I don't think the opposition is just about abortion. But even if it was, how is that not voting their conscience? If they believe that women should have a choice, then why not stand up and oppose him.

I hear you guys complaining every day about how the Dems don't stand for anything, but as soon as they do make a stand on something, you slam them for whining or being obstructionists. You can't have it both ways.
Reply #18 Top
O...K you don't seem to understand about them losing a tremendous amount of power in the congress if it happens and them not wanting that to happen.


I understand perfectly well what the consequences are, but for one they're not losing power, they don't have any to lose.

And btw, what are "you" basing your "assumptions" on?


I'm basing it on people I know, talk shows I listen to, blogs I read, etc.

It would seem that your operating under and assumption that I did not make. When I said democrats I was talking about the congressional ones.


I'm not assuming anything. I said the vast majority of Democrats support it, I didn't say anything about "Congressional" ones. You disagreed with my assertion by assuming I was talking about "congressional" ones.
Reply #19 Top
Even if they get nuked, at least they stood their ground and stood up for what they believe.
Good point, but will they have the nerve?

They have no reason not to approve Alito.
Except for his intellectual arrogance of a "constructionist" to lay waste on the little guy in favor of those in power.
Reply #20 Top
Good point, but will they have the nerve?


I doubt it.