Registered: Nov 2001
Location: Rio de los Brazos de Dios
Posts: 3876

Estrada Nomination---Cloture

The Senate Majority Leader , Senator Frist, has just filed a cloture resolution with the chair to terminate debate on the confirmation of Miguel Estrada. I believe that this is the smartest move the Republicans could possibly make and that the Democrats stand a chance of shooting themselves in the foot with their continued blockage of a vote on this confirmation.

Never before in the history of the United States has a Senate filibustered a Circuit Court of Appeals Nomination by the President
of the United States. Senators don't like to do new and unprecedented things. That is why the Democrats have been saying that they were not filibustering. One purpose by the Republicans is to make it crystal clear to the nation that they are fillibustering by making them vote (maybe every day) on this motion to limit debate. The Republicans think that such a showing will react to the Democrats problem at the polls.

There is also a question raised here concerning the rule of the Senate that it takes 60 votes to invoke cloture. The Constitution says that the Senate will "advise and consent" to the appointment of judges by the president. The cloture rule makes it necessary to have 60% of the Senate to vote in favor of even voting on a confirmation and the Republicans think that is very possibly a violation of the intent of the Constitution.

The fact that Miguel Estrada is Hispanic is not lost on the Republicans and they want to call the attention of the voting nation to the fact that the Democrats are stopping the appointment of the first Hispanic ever noiminated for the second
highest court in the land.

I think the Democrats may wish they had never heard of Estrada---whether or no they confirm him. Frist says if it came to a vote today Estrada would get 55 votes and be confirmed.

This is going to be a tough call for Democrat Senator Graham of Florida who is running for President in 04 and knows that he must
carry heavily Hispanic Florida to have a chance.

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oxsan


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Registered: Jul 2000
Location: Sedona, Arizona
Posts: 19114

I think most of the Democrats better take a look at the rising percentage of hispanic voters and realize how they are viewing the democratic stance on this.
If they keep this silly crap up, the Republicans are going to be in power for a loooong time.

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Registered: Nov 2001
Location: Rio de los Brazos de Dios
Posts: 3876

Amen, raz.

Cloture has not always been with us. The limitation of debate on a motion before the Senate (cloture) to 30 additional hours at the end of which a motion to vote on the matter is undebateable requires "3/5ths of the Senators chosen and affirmed" to pass. In our present Senate that is 60 votes. Another means of limiting debate is to move that the Rules of the Senate be suspended or
revised with respect to the matter at hand---but that requires
"2/3 of the Senjators present and voting" which woulkd be 67 votes in our Senate if all were present.

Rule 28 (the cloture rule) was actually established to prevent a small majority from making the minority absolutely useless in a debate by calling for a vote at the same time a bill was entered and not allowing the minority to have their say. In actual practise however it has meant that it takes sixty votes to get anything through the Senate even though a majority of 51 should prevail.

Do you believe in a limitation of debate?

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oxsan


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