Dems Succeed in Halting Action on Owen
By JESSE J. HOLLAND
Associated Press Writer
WASHINGTON (AP)--After two straight nights of often
droning, sometimes angry debate, the Senate returned to
normal order Friday, with Democrats maintaining their
filibuster on a judicial nominee they say is too conservative
for the American mainstream.
With a 53-42 vote, Democrats succeeded in stopping further
action on President Bush's nomination of Texas judge
Priscilla Owen to a seat on a U.S. appeals court. Sixty votes
were needed to end the filibuster and bring on a final
confirmation vote.
It was the fourth time Republicans have failed to advance
the Owen nomination. Despite the nearly 40 hours of
exhaustive debate on what the GOP says is Democratic
obstructionism on judges, they failed to win a single new
Democratic vote. As in past votes, only two Democrats, Ben
Nelson of Nebraska and Zell Miller of Georgia, voted with
the Republicans.
The Senate was also voting to break Democratic resistance
to two other nominees, and Republicans, who hold 51
seats in the Senate, conceded they would fall short as they
have on a dozen previous votes on controversial appeals
court nominees.
``I don't see a way out,'' said Sen. Lindsey Graham, R-S.C.,
who called for an extra nine hours of debate Thursday night
and is considering suing the Senate to ban judicial
filibusters. ``Nobody is going to change their votes.''
Democrats say they warned the GOP that the
round-the-clock debate--launched at 6 p.m. Wednesday and
continuing nonstop through 9:30 a.m. Friday--wouldn't
succeed in breaking their filibuster.
``I'm terribly disappointed that we are spending the time of
this institution on something like this when we need to be
spending what little time we have on so many other
questions,'' said Sen. Christopher Dodd, D-Conn.
The Senate was also voting on California judges Carolyn
Kuhl and Janice Rogers Brown.
Owen, who wants a seat on the 5th U.S. Circuit Court of
Appeals in New Orleans, had already lost three filibuster
votes, while Friday's votes were the first scheduled for
Brown and Kuhl. Brown wants a seat on the U.S. Circuit
Court of Appeals for the District of Columbia and Kuhl a
seat on the 9th U.S. Circuit Court of Appeals in San
Francisco.
Bush brought all three women to the White House Thursday
to demand their confirmation.
``I have told these three ladies I will stand with them to the
bitter end because they're the absolute right pick for their
respective positions,'' Bush said. ``The senators who are
playing politics with their nominations are acting shamefully.''
With the blocking of Kuhl and Brown, Democrats will have stopped six Bush nominees:
Owen, Brown, Kuhl, Mississippi judge Charles Pickering, Alabama Attorney General
William Pryor and Hispanic lawyer Miguel Estrada. Estrada dropped his nomination
after losing nine filibuster votes.
The Senate has confirmed 168 Bush judicial nominees.
The GOP considered the nonstop debate a victory, saying Americans now are focused
on what they called the Democrats' ``unconstitutional filibusters'' of judicial nominees.
Instead of allowing the Republicans to use their 51 votes to confirm nominees,
Democrats have used procedures that required Republicans to come up with 60 votes
to advance the president's choices.
Republicans have yet to hit the 60-vote mark on controversial nominations.
``For the first time, people are paying attention to an issue that a lot of people feel
passionate about,'' said Sen. Rick Santorum, R-Pa., adding that his office has been
flooded with calls from supporters. ``Now the general public is becoming aware of it and
I think it will become much more of a discussion point and an important one.''
Democrats also said they won the debate by showing that the GOP is focused on the
wrong issues, spending two legislative days talking about judicial nominees instead of
finishing bills revamping Medicare and energy policy, not to mention eight overdue
spending bills, in time to adjourn by Nov. 21.
``I think people are amused and wondering why the Senate isn't working on more
important things,'' said Senate Minority Leader Tom Daschle of South Dakota.
AP-NY-11-14-03 1019EST
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