Both Sides Claim Filibuster Edge

Several GOP Senators Still Undecided On Judicial Filibuster Ban

(CBS/AP)  Both sides in the Senate debate over judicial filibusters claim to have enough support to prevail on a vote to ban the practice, even as party leaders acknowledge that several key Republicans senators have yet to commit.
The battle is expected to come to a head later this week when Senate Majority Leader Bill Frist plans a vote on Texas judge Priscilla Owens and California judge Janice Rogers Brown. President Bush nominated the two for the federal bench during his first term, but they – and five others – were blocked by Democrats. Mr. Bush renominated all seven judges this year.

Should Democrats move this week to block Brown and Owen, and Republicans fail to break a filibuster, Frist would call for the Senate to vote on whether to ban use of filibusters against judicial nominees.

Both sides said Sunday they had the votes to prevail, including having support from across the aisle.

"I haven't given up on the possibility that we might have 60 votes (to break a filibuster), including some Democrats who've been whispering in our ears that they believe that this ought to be defused," Sen. Mitch McConnell, R-Ky., the chief GOP vote counter, said on "Fox News Sunday."

Republicans hold 55 seats in the 100-member Senate. Democrats have 44, plus one Democratic-leaning independent.

Frist needs a minimum of 50 votes to abolish judicial filibusters with a rules change. Vice President Dick Cheney would provide the tie-breaking vote in his constitutional role as president of the Senate.