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Heat applied to Hagel, Nelson on judicial filibuster

May 12, 2005
By Don Walton
Lincoln Journal Star

A national coalition seeking confirmation of President Bush's stalled judicial nominees turned up the heat Wednesday on Nebraska Sens. Chuck Hagel and Ben Nelson.

Neither has planted his feet on one side of the partisan divide that has spawned a Republican proposal to eliminate the power to block judicial appointments through use of a Senate filibuster.

The Judicial Confirmation Network, composed of a variety of conservative groups such as Focus on the Family and Americans for Tax Reform, dispatched its legal counsel to Nebraska to present its case to constituents of the two senators.

Meanwhile, Progress for America, a coalition partner, mounted a $125,000 TV ad campaign to apply pressure on Hagel and Nelson.

Another $50,000 to $60,000 was pumped into radio advertising.

Last month, MoveOn.org called on Nelson and Hagel to "stop the Republicans from seizing absolute power and stacking the courts with right-wing judges."

The Judicial Confirmation Network "supports confirmation (of) nominees faithful to the Constitution, as written, and not committed to implement policies properly determined by the legislative branch," said Wendy Long, the coalition's legal counsel.

Long, a former law clerk to U.S. Supreme Court Justice Clarence Thomas, said Nebraska is one of the network's chief targets because both of senators have not publicly committed their votes.

The coalition intends "to hold the senators' feet to the fire," she said.

"I hope and believe Senator Hagel at the end of the day will do the right thing because it's so important to the Republican base," Long said.

"I grew up in New Hampshire and this is of tremendous importance to the Republican base there.

"Doing the right thing," she suggested, "is the right thing to do from a political perspective."

Hagel was in New Hampshire last week for three days of appearances. He is exploring the possibility of seeking the presidency in 2008, and New Hampshire is the site of the first presidential primary election three years from now.

"Nebraskans know that Senator Hagel makes his decisions based on what he believes is best for Nebraska and his country," said Mike Buttry, the senator's media spokesman. "He answers to his constituents and his conscience, not outside special interests," Buttry said.

Nelson, Long said, is "one of the few Democrats who recognize that an up-or-down vote on each judicial nominee is the right thing to do.

"I hope he will stand up for that," she said.

The coalition's focus, Long said, is to target "blue senators in red states" that is, Democratic senators in states that voted for Bush in 2004. Nelson will seek re-election in Nebraska next year.

David DiMartino, Nelson's media spokesman, said the senator is still attempting to broker a compromise on the filibuster issue and will not be swayed by outside pressure.

"Washington special interest groups are just wasting their money when they try to influence Senator Nelson through advertising and applying pressure," DiMartino said.

Former Attorney General Don Stenberg, who has announced his candidacy for the 2006 Republican nomination for Nelson's seat, is state chairman of the Judicial Confirmation Network.

Seven Bush appeals court nominees have been stalled by Senate Democrats, using their minority power to filibuster. Sixty votes are required to end a filibuster, whereas 51 would be sufficient to confirm a nominee on an up-or-down vote.

"The minority does not get to decide who gets to be a judge," Long said. "That's not proper use of the filibuster tradition."

The coalition she represents is concerned by "judges who take the words under God out of the pledge of allegiance, redefine marriage and strike down Nebraska's legislative ban on partial-birth abortion," she said.

The landmark Roe v. Wade decision improperly interpreted the Constitution and took the abortion issue out of "the elected branches of government," Long said.

 

 

The Judicial Confirmation Network
PO Box 3141
Manassas, VA 20108
info@judicialnetwork.com

 



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