HolyCoast: Cheney Is Ready for the Filibuster Fight
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Friday, April 22, 2005

Cheney Is Ready for the Filibuster Fight

This from Vice President Dick Cheney's speech today to the Republican National Lawyer's Association (from the Corner):

And very soon the Senate will face an important decision. If a minority of members again chooses to filibuster judicial nominees, then the majority may choose to institute a rule change to ensure that the nominations go to the full Senate. Let me emphasize the decision about how to proceed will be made by the Republican leadership in the Senate.

But if the Senate majority decides to move forward, and if the issue is presented to me in my elected office as President of the Senate, and presiding officer, I will support bringing those nominations to the floor for an up or down vote. (Applause.)

On the merits, this should not be a difficult call to make. First, the Senate has full authority to set its own rules, and it is perfectly legitimate for the leadership, backed by a majority, to restore traditional practice. And let me emphasize that -- to restore traditional practice.

Second, the Majority Leader, Senator Frist, has made clear that any action would be limited in scope, in no way altering the customs of debate or the availability of the filibuster where legislation is concerned.

Third, I believe there is an important principle at stake. When senators filibuster a nominee who has clear majority support, they are, in effect, trying to establish a 60-vote requirement for confirmation. A simple majority is what has been required for confirmation throughout our history. A filibuster of judicial nominees is, as a practical matter, an attempt to limit a President’s ability to appoint judges who have majority support in the United States Senate.

In short, there is no justification for allowing the blocking of nominees who are well qualified and broadly supported. The tactics of the last few years, I believe, are inexcusable, particularly when you’re dealing with men and women of the caliber of those nominated by George W. Bush. By any standard of judicial merit, they are fully qualified to serve. And by any standard of fairness, they deserve a vote in the United States Senate. (Applause.) . . .

Cheney is clearly ready, if not anxious, for the fight. All it takes now is some guts on the part of the Republican Senate leadership, and some good sense on the part of the Senate majority.

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