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Thwart the Republican's radical attempts to rewrite the Senate's rules

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Issue:
  This is a message going out to all VoteBluePA members asking you to take action to thwart the Republican's radical attempts to rewrite the Senate's rules, so President Bush can appoint a handful or extremists and incompetents (there is a link to descriptions of these legal luminaries below) to lifetime judgeships.  Of course, given his own staggering shortcomings, it may seem to the president that these folks are amazingly well qualified, but I digress.
 
  As you've likely heard the Senate's Republican leadership, in the person of Sen. Bill Frist (who is eying a presidential run in 2008 and hence pandering to the radical Christian right) have threatened that if the Democrats in the Senate start to filibuster one the President's judicial nominees, then he will ask for a rule change.  The result will be that debate will be stopped by a straight majority vote, or in the case of a tie, with the VP casting the deciding vote.  (*** For the exact mechanics see below)  Thus depriving the Senate of its long established role as a deliberative body and its privilege of unlimited debate.
  The real threat here, very well expressed in Senator Byrd's speech (also attached below), is the further erosion of the checks and balances set up by the founding fathers, with ever greater power being aggregated in the hands of the executive branch.  And be aware, that if they can force through these judges, then Bush will feel emboldened to select the most radical, pro corporate, anti choice, anti environment zealots that he can dredge up.  They will also be establishing a precedent and rest assured that the Republicans will freely use this maneuver and never again feel the need to compromise, allowing themselves to steamroll forward (OK, forward is debatable) with their misguided agendas.
 
  Senator Reid has pledged (This is the Dem nuclear retaliation), that if the Republicans rewrite the rules, and in effect "go nuclear",  then the Dems will respond by slowing down all legislation, votes etc in the Senate.  The Senate operates under unanimous consent, whereby one Senator can hold up or stop proceedings.  This would tie up the Senate, and put at risk every Senator's pet project and make the Bush Admin.'s agenda all but impossible.  
  As for claims that the Democrats have been obstructionist with regards to President Bush's judicial picks the facts are:
  • The Senate has confirmed 130 of Bush's judicial nominees to the circuit courts, 100 of which were confirmed while the Dems controlled the Senate
  • 95% of all (both district & appeals courts) Bush's judicial picks, have been approved, a total 205 judges
  • There are currently only 40 vacant Federal judgeships, there were 111 when Clinton left office, due to a variety of Republican tactics used to stall nominations and leave vacancies for genius to fill
  • Sen. Frist was voting against cloture, or in other words voting to allow debate on a nominee to continue, and hence delay that nominee indefinitely, as recently as 2000
  • The truth is, that drunk with power, the President and some Senate Republicans are unwilling to compromise and are insisting on radical ideologues to appease/payoff their far right base

  It is also worth noting that this is not an issue playing well with Republicans. 

  • The Republican's own internal polling has indicated that 51% of Republicans oppose this radical break with tradition, while only 37% approve (from the DailyKos)
  • Conservative former Republican Senators Wallop (R-WY) & McClure (R-ID) wrote an editorial, in the Wall St Journal (link below) opposing the the "nuclear option".  Saying the following:
    • "It is disheartening to think that those entrusted with the Senate's history and future would consider damaging it in this manner."
    • "Sen. Bill Frist made things suddenly clear. Read carefully: "I reserve the right to propose amendments to Senate Rule XXII (this is the filibuster rule) and do not acquiesce to carrying over all the rules from the last Congress." The first clause is innocuous; every senator has the right to propose rules changes. But the second clause is dynamite, capable of blowing out the foundations of the Senate itself. It means the majority leader will eventually propose, against history and common sense, that the Senate is not a "continuing body." (emphasis is mine)
    • "The alternate "nuclear" strategies under discussion are also problematic. A Constitutional point of order, for example, would, according to Senate tradition, be referred to the full Senate, where it is debatable (i.e., filibusterable). The only other option is for the chairman to rule, without citing the Constitution, that judicial nominations cannot be filibustered. That course would have no basis in either law or Senate rules."
 
  Finally, Arlen Spector and PA have an important role to play.  He is one of the Republican moderates that needs to be persuaded to do the right thing and oppose Senator Frist's reckless rule change.  Senators McCain (R-AZ) and Chafee (R-RI) have already publicly stated they will not vote for this.   We need 51 Senators to oppose this as VP Cheney will decide any tie.  Currently it stands at: 44 Dems, 1 Independent (Jeffords I-VT) & 2 Republicans (Chafee R-RI and McCain R-AZ) for a total of 47.  We need 4 more and the most likely converts are: Spector (R-PA), Snowe (R-ME), Collins (R-ME), Gregg (R-NH), Sununu (R-NH), Hagel (R-NE), Lugar (R-IN) and Warner (R-VA). 
 
Action:
 
  Write a letter to the paper explaining that this crisis has been caused by this administration's lunge for power and its attempt to payoff to the radical right, much like their disgraceful behavior in the Shiavo case.  That the Senate has been very willing to support the President's nominees and in fact President Bush has gotten the vast majority of the judges he has recommended: 95% of his choices have been quickly appointed.  This issue needs to be rightly cast as the Senate Republicans, again, shamelessly pandering to the rapture right extremists.
 
  Also, as mentioned above, Arlen Spector is a Republican moderate we need to convince to vote against the "nuclear option" when Senator Frist raises it.  Accordingly, let him know you are a constituent and that you oppose the implementation of the nuclear option by:
 
Call him at: (202) 224-4254
 
Fax him at: 202-228-1229
 
Write him at: Senator Arlen Spector
                    711 Hart Building
                    Washington, DC 20510

To email him you'll need to use the form provided on his website here: http://specter.senate.gov/index.cfm?FuseAction=ContactInfo.Home

Further Opportunities to enter the fray:

You can sign Senator Kennedy's petition here:  http://www.tedkennedy.com/page/s/saynotomyers

MoveOn is asking people to host parties and organize people, in an effort to stem a massive Republican media campaign, by going door to door handing out flyers asking people to call the senators and ask them to oppose this.  http://www.moveonpac.org/event/events/create.html?action_id=3&id=5408-3666364-5dho_dP9_fzvuiujoJDQig&t=45

You can sign up to go to a MoveOn party, provided there is one in our area, here: http://www.moveonpac.org/event/events/index.html?action_id=3&search_distance=25&search_zip=17011&submit=Search

If you really have a lot of time on your hands, enjoy titling at windmills and/or think it might prove cathartic to vent (I prefer Bob Marley when I need to cheer up) you can contact our senator from VA as follows:

Phone: 202-224-6324

To email him you'll need to use the form provided on his website here: http://santorum.senate.gov/public/index.cfm?FuseAction=ContactInformation.ContactForm&CFID=7263342&CFTOKEN=44840206

Mail: Senator Rick Santorum

          511 Dirksen Senate Office Building
          Washington, DC 20510

 

Important Reminder:  We will need to remain vigilant.  If Senator Reid and the Dems do slow the Senate procedurally the Republicans will try to paint it as if this crisis was caused by Dem obstructionism, rather than Republican extremism.  We will need to continue to get letters published defending the Democratic position.  Also, we would be well advised to monitor the local TV to make sure we get fair coverage.  Letters to local TV stations, complaining about poor/biased coverage, can be effective as they have to produce these complaints when they go to renew their licenses. 


Further Sources & Info:

Here is a description of Bush's judicial partisans from the site www.saveourcourts.org: http://saveourcourts.civilrights.org/nominees/index.html

As ever, an excellent speech, by Senator Byrd, on the subject:  http://www.truthout.org/docs_2005/030305B.shtml

Senator Kennedy's remarks regarding Judge Janice Brown who, is likely to be the judge chosen by Republicans to trigger this crisis: http://kennedy.senate.gov/index_high.html

Republican pollster Dick Morris's column in The Hill sees this as disastrous for Republicans: http://www.thehill.com/thehill/export/TheHill/Comment/DickMorris/042005.html

Wall St Journal editorial by former Senators Wallop and McClure:  http://www.opinionjournal.com/extra/?id=110006447

Most recent (4/21) news story on Truthout regarding the nuclear option http://www.truthout.org/docs_2005/042105X.shtml

Excellent piece from TomPaine.com.  It explains the background, Frist and the President's motives and compares their trying to remove the filibuster to Iraqi Kurds reliance on the ability to filibuster under their new constitution: http://www.tompaine.com/articles/nuclear_opposition.php?dateid=20050422

Here a 4 minute video from Senator Kerry: http://www.johnkerry.com/action/valuesvideo

Save Our Courts Main Site:  http://saveourcourts.civilrights.org/

*** Mechanics of the Nuclear Option:

  1. Cloture vote, to stop debate (needing 60 yes votes), would be called for
  2. Cloture vote defeated by Dems
  3. Majority leader Frist asks for a ruling from the chair that Standing Rule XXII (filibuster rule) does not apply
  4. The chair, VP Cheney, will will rouse his dark heart and perform his soulless, nefarious task, agreeing to the rule change
  5. Senate Majority Leader Reid will likely point out that rule change should, according to the Senate's rules, be debatable, and hence subject to a filibuster.
  6. The Senate parliamentarian (essentially the Senate rules expert), relying on Senate precedent, will likely agree with Senator Reid
  7. The chair would then recognize a non-debate motion to table, which allow the Republican majority (if we can't elicit more defectors) to use a simple majority vote to change the rules.  Breaching Senate rules and precedents.
  8. Far right Christian fanatics will erupt in orgies of self congratulation as they look to re-casting America in their own pre-enlightenment image and monied interests will rub their hands in glee at the thought of the whole Congress now as a rubber stamp for their long awaited, unfettered kleptocracy.

(Please note that certain portions of the above may be tinged with my own assumptions/prejudices, I invite you to be the judge)







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