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Confirmation vote
for embattled
nominee expected Wednesday

Priscilla Owen’s approval
seen as mere formality

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Lawmakers reach judicial compromise
May 24: The Senate cleared the way for confirmation of Priscilla Owen, but a fresh debate simmers over a compromise on President Bush’s current and future judicial nominees. NBC's Chip Reid reports.

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updated 9:14 p.m. ET May 24, 2005

Washington - The Senate voted Tuesday to end years of delaying tactics that blocked the nomination of Priscilla Owen to a federal judgeship, the first fruit of a bipartisan agreement to break the logjam over President Bush’s judicial choices.

“I appreciate the fact I’m finally going to get a vote,” said Owen, swiftly invited to the White House for a presidential show of support.

“She is my friend and more importantly she is a great judge,” said Bush, a fellow Texan.

The vote was 81-18 to clear Owen for a final vote after Democrats abandoned four years of blocking action, well above the 60 votes needed to cut off debate. That made confirmation a mere formality, with a vote set for midday Wednesday.

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Opponents of the Texas Supreme Court justice fell well short of the 41 needed to continue their filibuster. Owen's nomination to a seat on the 5th U.S. Circuit Court of Appeals has been blocked four times by Democratic filibusters in the four years since Bush first nominated her early in his first term.

But this time she benefited from an agreement reached by seven Republican and seven Democratic senators, reached Monday, that opened the way for yes-or-no votes on some of Bush’s stalled nominations while protecting the future right of Democrats to use the filibuster to block nominees they feel are out of the mainstream.

“It is time to close our debate,” said Senate Majority Leader Bill Frist, R-Tenn., who led the ill-starred effort to deny Democrats the use of the filibuster for judicial nominations.

Deal breaks the ice
The agreement was greeted with a sigh of relief by senators fearing a damaging clash over filibuster rights, but was greeted cautiously by the head of the Democratic Party and questioned by a potential Republican presidential contender.

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McCain interview
May 24: Senator John McCain talks with "Today" show anchor Katie Couric about the agreement.

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“I would be hesitant to say it’s a win for the Democratic Party,” said party Chairman Howard Dean in an interview with The Associated Press. That won’t become clear, he added, until “we find out if the president consults with the Democrats” on future judicial nominees.

There was outright criticism among some Senate Republicans as well as conservative interest groups.

“Overall this is a major disappointment on principle,” said GOP Sen. George Allen of Virginia, a potential contender for the White House in 2008. “...This so-called deal is disappointing for all of us who believe in the principle that persons should be accorded the fairness and due process of an up or down vote.  Everyone should also clearly see that ultimately, nothing has been settled when a vacancy arises on the U.S. Supreme Court.”

Frist, also a possible White House challenger, said for the second day in a row that he was “not a party” to the agreement sealed Monday night averting a showdown over Bush’s stalled judicial nominees and the Senate’s own filibuster rules.

At the same time, he said it “makes modest progress, but falls far short of guaranteeing up or down votes on judicial nominations.  It needs to be carefully monitored and executed in good faith.”

Whatever the long-term implications of the agreement, after a wait of more than four years, Owen seemed headed for confirmation at long last, by Wednesday at the latest.

Owen, currently a Texas Supreme Court justice, was nominated to the 5th U.S. Circuit Court of Appeals, based in New Orleans. With the threat of a filibuster by Democrats removed, Owen was nearly certain to get the simple majority vote needed to give her the seat that has eluded her since being nominated in 2001.

“It’s about time,” Bush exclaimed. “I’m pleased that the Senate is moving forward on my judicial nominees who were previously being blocked. These nominees have waited years for an up-or-down on the Senate floor, and now they’ll get one.”

For their part, Senate Democratic Leader Reid and his House counterpart, Rep. Nancy Pelosi scheduled a “unity event” to argue that the agreement was a victory—and a message to the White House that the president must consult with Congress on future court nominees.


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