Here's a memo Bill Frist released yesterday afternoon (see extended entry), regarding what he, as Majority Leader, has proposed to the Senate in order to bring an end to the filibustering (see next entry for a small sample) which has been going on this week.

The proposal? That there be 100 hours of debate on each nominee, with each senator getting one hour of floor time. On Tuesday, 4 nominees are scheduled to be considered.

I believe that Senators, who after reading the JC's (Judiciary Committee's) comprehensive report (which includes nominees profiles and credentials) and the transcript of the interviews, they are still unable to make up their mind on nominees (who are currently sitting on the bench in Circuit Court) or are incapable of debating their credentials concisely on the floor, then these Senators don' t deserve to be on the hill! Upon completion of action on the pending highway bill, the Senate will begin debate on fair up or down votes on judicial nominations. As is the regular order, the Leader will move to act on judge nominations sent to the full Senate by the Judiciary Committee in the past several weeks. Priscilla Owen, to serve as a judge for the 5th Circuit Court of Appeals, and Janice Rogers Brown, to serve as a judge for the DC Circuit Court of Appeals, will be the nominees of focus.

The Majority Leader will continue to discuss an appropriate resolution of the need for fair up or down votes with the Minority Leader. If they can not find a way for the Senate to decide on fair up or down votes on judicial nominations, the Majority Leader will seek a ruling from the Presiding Officer regarding the appropriate length of time for debate on such nominees. After the ruling, he will ensure that every Senator has the opportunity to decide whether to restore the 214-year practice of fair up or down votes on judicial nominees; or, to enshrine a new veto by filibuster that both denies all Senators the opportunity to advise and consent and fundamentally disturbs the separation of powers between the branches.

There will be a full and vigorous Senate floor debate that is too important for parliamentary tactics to speed it up or slow it down until all members who wish have had their say. All members are encouraged to ensure that rhetoric in this debate follows the rules, and best traditions, of the Senate.

It is time for 100 Senators to decide the issue of fair up or down votes for judicial nominees after over two years of unprecedented obstructionism. The Minority has made public threats that much of the SenateÂ’s work will be shut down. Such threats are unfortunate.

The Majority Leader has proposed his Fairness Rule: up to 100 hours of debate, and then an up or down vote on circuit and Supreme Court nominations. Further, the Fairness Rule would eliminate the opportunity for blockade of such nominees at the Judiciary Committee. And finally, it will make no changes to the legislative filibuster.

If Senators believe a nominee is qualified, they should have the opportunity to vote for her. If they believe she is unqualified, they should have the opportunity to vote against her.

Members must decide if their legacy to the Senate is to eliminate the filibusterÂ’s barrier to the Constitutional responsibility of all Senators to advise and consent with fair, up or down votes.

Posted by: Michele at 10:14 AM | No Comments | Add Comment
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