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Wednesday, May 18, 2005

Nominees head to Senate

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With all attempts at compromise dead, the Senate will take up two of President Bush's filibustered judicial nominations today and begin a historic showdown between the parties over the Senate's role in confirming federal judges.

Republicans, led by Majority Leader Bill Frist, spent yesterday accusing Democrats of using "unprecedented" tactics to block nominees who have majority support in the Senate. They said the minority party is shirking its constitutional responsibility to provide "advice and consent" on judicial nominees by preventing final votes on them.

Democrats, led by Minority Leader Harry Reid, argued that by filibustering the nominees -- whom they describe as conservative judicial activists far outside the mainstream -- the Senate is officially registering its refusal to give consent.

"Well, it appears that we really have reached a moment of truth in the United States Senate this week," said Sen. Joe Lieberman, a Connecticut Democrat who said he'd still like to find a compromise.

"The announcement by Senator Frist and Senator Reid [Monday] afternoon that their discussions over avoiding the so-called nuclear option have failed present us now with this moment of truth and a challenge for every member of the United States Senate," he said.

During the day, Republicans on both sides of Pennsylvania Avenue met with the two nominees who will be debated on the Senate floor in the next two weeks.

Texas Supreme Court Justice Priscilla Owen was nominated to the U.S. Court of Appeals for the 5th Circuit more than four years ago, and California Supreme Court Justice Janice Rogers Brown was nominated to the U.S. Court of Appeals for the D.C. Circuit nearly two years ago.

Both have been approved twice by the Senate Judiciary Committee in party-line votes.

While Justices Owen and Brown met privately with Mr. Bush in the White House yesterday, spokesman Scott McClellan said the issue is a simple constitutional principle.

"The role of the president is to appoint qualified individuals to the bench. The role of the Senate is to provide their advice and consent," he said. "It's not to provide advice and block. And what we have seen is that Senate Democrats are taking this to an unprecedented level, something we have not seen in ... 214 years."

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