What do you think about this, Jake?:
ON CAPITOL HILL Can GOP stop filibuster with 51 votes? Legal report says Senate majority has means to clear judicial logjam
-------------------------------------------------------------------------------- Posted: May 6, 2003 5:38 p.m. Eastern
© 2003 WorldNetDaily.com
A public-interest law firm released a report today claiming the Republican majority in the U.S. Senate can end the filibuster of Bush judicial nominees with a vote of a simple majority – just 51 senators.
Rules of the Senate currently require 60 votes to end a filibuster. Senate Democrats have used the filibuster to block a full floor vote on Bush nominees Miguel Estrada and Priscilla Owen.
According to a statement from the group, the American Center for Law and Justice was to present its legal analysis today to members of the Senate, including Sen. John Cornyn, R-Texas, chairman of the Senate Judiciary Subcommittee on the Constitution.
"The simple majority principle presents the clearest and best resolution of this conflict involving judicial nominees," said Jay Sekulow, chief counsel of ACLJ. "It is clear through our research and legal analysis that a simple majority of the Senate may determine the rules by which it proceeds and may bring an immediate end to the filibusters. While the Constitution gives great latitude to Congress itself on how to operate, there is nothing in the Constitution to prevent a simple majority of senators to act to change their rules and bring an end to the obstructionist tactics being used against nominees."
Sekulow added: "It is our hope that a simple majority in the Senate assert its authority and act to bring an end to a destructive strategy aimed at the confirmation process – a process that is clearly broken."
In its report, which is posted on its website, ACLJ examines a number of options available to the Senate. The most simple solution, the group asserts, is to use a majority vote to change Senate Rule XXII, which includes the 60-vote requirement for ending a filibuster.
ACLJ, in the statement, says "there is existing legal and Senate precedence that would permit the majority to act."
"There is no doubt that the Senate rule can be changed," Sekulow told WND.
Sekulow said he believes the Republican leadership has not taken such action before because they were waiting to see if the filibuster could be ended some other way. The attorney spent much of the day talking to senators about the option and participating in a hearing on the judicial confirmation process held by Cornyn's subcommittee. |