Why the battle over filibusters?

Were the Democrats' filibusters in 2003 and 2004 different from the Fortas and Rehnquist filibusters?

Yes, they were.

Prior to 2003, the Senate had never before had a series of cloture votes over two years, on ten different appeals court nominees, which blocked the nominees from having confirmation votes.

Also, the opposition to Fortas was bipartisan, while the opposition to Bush's nominees has been purely Democratic.

The only current Democratic senators to vote against the filibusters of Bush nominees are Sen. Ben Nelson of Nebraska and — on the nomination of Miguel Estrada — Sen. Bill Nelson of Florida.

How does Frist propose to change the filibuster?
He has already proposed a permanent change in Senate rules allowing for successively lower thresholds on successive cloture votes on a nomination, from 60 to 57 to 54 to 51.

But such a permanent change requires the support of 67 senators.

If Frist can not get enough support for that rules change, he will bring appeals court nominees Priscilla Owen and Janice Rogers Brown to the Senate floor for votes.

If Democrats filibuster those nominations, Frist would raise a point of order that any further debate was dilatory and not in order.

The presiding officer, Vice President Dick Cheney, would sustain the point of order, then submit the matter to the Senate for its decision.

A point of order is not debatable, therefore it can’t be filibustered.

If Frist has his votes correctly estimated, the Senate would then vote by a simple majority to sustain the point of order, debate would end, and the Senate would proceed to the vote on the pending nomination.

There is precedent for such a rule change: on Feb. 20, 1975, by a vote of 51 to 42, the Senate lowered the threshold for ending a filibuster from two-thirds of those senators present (67 if all 100 were in the chamber) to 60 senators.

Would Frist’s proposed change apply to bills or only to nominations?
Only to nominations.

In the past have Republicans used the filibuster to delay or defeat judicial nominees?
When Bill Clinton was president and Republicans had a Senate majority, from 1995 to 2000, they used non-filibuster delaying tactics such as anonymous holds — a device for a senator to prevent a nomination from reaching the Senate floor.

In many cases, they simply never held Judiciary Committee hearings to consider certain nominees, effectively blocking them from getting an up-or-down vote.

Despite the opposition of then-Majority Leader Trent Lott, a few GOP senators including Sen. Bob Smith of New Hampshire, did try to use filibusters to scuttle Clinton appeals court nominees Richard Paez and Marsha Berzon.

Smith was unapologetic: "Don't tell me we haven't filibustered judges and that we don't have the right to filibuster judges on the floor of the Senate. Of course we do. That is our constitutional role," Smith declared on March 7, 2000.

Smith justified his filibuster by citing the cases of President George H.W. Bush’s judicial nominees Kenneth Ryskamp and Lillian BeVier, whose nominations died in 1992, the final year of Bush's term, due to Democratic foot-dragging.

Eventually 40 Republicans joined with 45 Democrats to stop Smith’s filibuster and both Paez and Berzon won their confirmation votes.

How has Bush counteracted the Democrats’ filibusters of his nominees?
Using his power under Article Two, section 2 of the Constitution, Bush made two recess appointments to the federal bench: William Pryor, whose recess appointment expires at the end of this year and Charles Pickering, who retired last year.

MORE FROM POLITICS

Politics Section Front

Report: Health bill would reduce senior care NYT: Obama eyes cost of Afghan decision In visit to China, Obama walks a tightrope Clinton says Karzai ‘must do better’ Parties split on N.Y. trials of alleged terrorists Palin offers readers insight into '08 ups, downs Secretive front group battles health bill Chinese racist? Obama trip spurs talk Clinton ready to have coffee with Palin Medicare paid $47 billion in suspect claims Politics Section Front   Add Politics headlines to your news reader: