WASHINGTON, May 11, 2005

Gearing Up For A Filibuster Fight

Frist, Reid Prepare For Showdown On Judges As Moderates Seek Deal

  • Play CBS Video Video Filibuster Showdown

    Gloria Borger reports on the growing battle over judicial nominations and the Senate tradition of filibustering - including an interview with former judge Ken Starr.

    • Senate Majority Leader Bill Frist, R-Tenn.

      Senate Majority Leader Bill Frist, R-Tenn.  (AP)

    • Senate Minority Leader Harry Reid, D-Nev.

      Senate Minority Leader Harry Reid, D-Nev.  (AP)

    • Sen. John McCain, R-Ariz., urged fellow Republicans to make a deal with Democrats on judicial filibusters.

      Sen. John McCain, R-Ariz., urged fellow Republicans to make a deal with Democrats on judicial filibusters.  (CBS/The Early Show)

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(CBS/AP)  Republicans have threatened to use their majority to abolish judicial filibusters — a technique that sets a 60-vote threshold and that Democrats used to block votes on 10 of Mr. Bush's first-term appeals court nominees. The president has renominated seven of the 10, triggering a confrontation in the early months of a new Congress more securely in Republican hands.

McCain's remarks at the luncheon drew no response until Frist spoke, according to the GOP officials who talked about the meeting. He said that as a matter of principle all nominees — not just most of them — deserve a vote. He said Reid has never offered a proposal to ensure votes for all seven stalled nominees, and rhetorically asked fellow Republicans which of them should be discarded, these officials added.

McCain is one of three Republicans who have publicly announced they will vote to retain the right to filibuster judicial nominees. The GOP can afford two more defections and still prevail.

Vice President Dick Cheney, who serves as president of the Senate, has said he would vote to ban the judicial filibusters if there is a 50-50 tie.

Frist and Reid are still negotiating to find a solution, talking privately twice during the day. There was no indication of progress toward an agreement.

Publicly, both staked their ground for a political showdown.

Reid said he's ready. "I want to be clear: We are prepared for a vote on the nuclear option," he said, referring to the GOP threat of banning judicial filibusters. "Democrats will join responsible Republicans in a vote to uphold the constitutional principle of checks and balances."

Frist continued to insist that all Mr. Bush's nominees deserve a confirmation vote.

"We have seven nominees, each of whom deserve an up-or-down vote, and some of whom have waited four years for the fairness of that vote," Frist said. "We also have to look to the future, to see that nominees for that appellate or circuit court level and the Supreme Court have that opportunity for an up-or-down vote."


©MMV, CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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