Democrats block two more judges

40-hour filibuster fails to secure votes needed to advance nominees

November 15, 2003|By Nick Anderson and Richard Simon | Nick Anderson and Richard Simon,LOS ANGELES TIMES

WASHINGTON -- After nearly 40 hours of nonstop often acrimonious debate of President Bush's nominees to federal judgeships, a weary Senate found itself yesterday back where it started. Democrats blocked confirmation of three nominees, and Republicans accused the Democrats of thwarting the will of the majority.

There was no sign to the end of the discord, which could spill into other issues and threaten approval of the two top bills on Congress' remaining 2003 agenda: a Medicare prescription drug benefit and a comprehensive energy bill.

The votes to delay action on two California nominees to the federal appeals court -- Los Angeles County Superior Court Judge Carolyn B. Kuhl and California Supreme Court Justice Janice Rogers Brown -- raised to six the number of judicial nominees the Democrats have blocked this year. Democrats also turned back the latest in a series of Republican attempts to force confirmation of another controversial appellate court nominee, Texas Supreme Court Justice Priscilla R. Owen.

In a statement issued by the White House, Bush assailed what he called the "obstructionist tactics" as "shameful."

"At a time when the American people have important issues backlogged in the courts, partisan senators are playing politics with the judicial process at the expense of timely justice for the American people," the statement said.

The GOP-organized talkathon, which kept the Senate in session all night Wednesday and Thursday, was as much political theater as a serious debate. The last time the Senate remained in session so long without interruption was in 1988, when the subject was campaign legislation and the time consumed was 57 hours and 24 minutes.

This week's debate, which was closely followed by each party's core political constituencies, underscored the high political stakes of judicial nominations.

Republicans have portrayed Democrats as obstructionists who have used the filibuster to deny judicial nominees an up-or-down vote. Republican hold 51 seats in the Senate, but it takes 60 votes to cut off debate and force an issue to a vote.

Judiciary Committee Chairman Orrin G. Hatch, a Utah Republican, accused Democrats of distorting the records of some of Bush's judicial appointees for political gain. "This is an important constitutional battle," Hatch said.

Democrats contend that they have approved most of Bush's judicial nominations but oppose the lifetime appointment of conservative judges who they say would undermine environmental protections, abortion rights and civil rights. Democratic Sen. Richard Durbin of Illinois said it was all about "grinding red meat for their conservative wing."

Friday's proposals to cut off debate and bring the nominations of Kuhl and Brown to a final vote received 53 yes votes against 43 no votes, seven short of the number needed to break the filibuster.

The Los Angeles Times is a Tribune Publishing newspaper.

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