Senate panel OKs two; filibuster showdown may be near

By Tom Strode - Apr 29, 2005 - comment

The Senate Judiciary Committee approved April 21 two female nominees whose consideration by senators could trigger a showdown over judicial filibusters.

The committee voted 10-8 for the nominations of Priscilla Owen to the Fifth Circuit Court of Appeals and Janice Rogers Brown to the District of Columbia Circuit Court of Appeals. The vote was along party lines, with Republicans in the majority.

Democrats blocked confirmation votes for both nominees during the first administration of President Bush and have said they will filibuster both women again in an effort to prevent them from gaining the seats to which they have been nominated. When the filibuster is utilized successfully with Owen, Brown or another nominee, Majority Leader Bill Frist is expected to lead a Republican effort to change the rule, which will require only a majority vote. If it is successful, nominees will need only majority approval for confirmation.

Under the Senate’s rules, 60 votes are needed to end a filibuster. Previously, Owen, Brown and other Bush nominees have gained majorities but have been unable to achieve the 60 votes required to bring a halt to the Democrats’ delaying tactics.

Democrats used the filibuster in Bush’s first four years to block 10 of his 52 appellate court nominees. Bush re-nominated this year all seven of the filibustered nominees who remained as candidates for the posts.

While Democrats have accused the filibustered nominees of being outside the judicial mainstream, at least some of their opposition appears to be based on the nominees’ pro-life rulings and viewpoints.

Owen is a justice on the Texas Supreme Court, while Brown sits on the California Supreme Court.

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