May 18, 2005
By David Rogers
The Wall Street Journal
Senate Republicans will call up the nomination of Texas Supreme Court Judge Priscilla Owen to the U.S. Fifth Circuit Court of Appeals today, setting the stage for a partisan battle over filibuster rules expected to come to a head early next week.
Centrist lawmakers met into last evening in hope of reaching a compromise to try to defuse the building confrontation. Sen. Chuck Hagel (R., Neb.), a crucial swing vote, balked at joining the effort, and conservative advocacy groups pressed to keep Republicans in line. But there was a sense of cautious hope last evening that a settlement might be found.
"I continue to be reasonably optimistic," said Senate Armed Services Committee Chairman John Warner (R., Va.). Sen. Mike DeWine (R., Ohio) said: "There is a sense of urgency that this has to be done."
At the weekly Republican caucus luncheon yesterday, Senate Majority Leader Bill Frist made a personal appeal for loyalty. Having set the antifilibuster campaign in motion, though, the Tennessee Republican is locked in what one friend described as an "impossible" situation where he can't afford to compromise, yet is uncertain of having the votes to prevail. "It's hard to cut in half," said the Senate leader, who insists that all of President Bush's judicial nominees get an up-or-down vote.
Given this fixed stand, the fact that old Frist allies such as Mr. Warner are working behind the scenes to reach some compromise is significant. The Virginia Republican helped promote Mr. Frist in the leadership in 2002 and is a less contentious figure than Sen. John McCain (R., Ariz.), the sparkplug behind the Republican opposition to the filibuster rules changes. Mr. Warner is still leery about being too public, but is clearly upset with the proposed changes and allowed his office to be used by the centrists to meet yesterday.
The Judicial Confirmation Network, a coalition of about 70 organizations supporting the president's nominees, sent an email alert to 10 million activists nationwide, and made tens of thousands of telephone calls to members in Indiana, Maine, Nebraska, Virginia and Alaska urging them to demand an up-or-down vote on all the nominees. To do otherwise "is capitulation," says Gary Marx, one of the network's founder.
Judge Owen is one of seven appellate nominees who were filibustered in Mr. Bush's first term but sent back to the Senate after his re-election. A Senate rollcall to cut off debate is expected to come Monday or Tuesday. Assuming it falls short of the 60 votes needed, Mr. Frist will make a point of order intended to wipe out filibusters for Circuit Court and Supreme Court nominees.
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