Future of Filibusters at Critical Stage


WASHINGTON - In the shadow of the next Supreme Court vacancy and critical votes this week, a dozen senators are racing the clock to forge a deal on the future of the filibuster that would avert a showdown over President Bush's judicial nominees. But a compromise remained elusive even among that like-minded group.



"We are running out of time," one of the negotiators, Sen. Lindsey Graham (news, bio, voting record), R-S.C., said Sunday on CNN's "Late Edition."

"I don't know if we are going to be able to get it done or not," another bargainer, Sen. Ben Nelson (news, bio, voting record), D-Neb., added on the program.

Party leaders wished the group of at least 12 senators well, but they predicted victory in the fierce floor fight that would result if talks fail.

Senate Majority Leader Bill Frist has given Democrats an ultimatum: Stand aside and allow an up-or-down vote on Bush's designees or prepare for an end to filibusters on judicial nominees — the so-called nuclear option.

Democrats have refused to comply, insisting that the filibuster be preserved as a check on the rights of the Senate minority.

Frist's timetable calls for the critical votes on one nominee, conservative Texas Supreme Court Justice Priscilla Owen, to be cast Tuesday and Wednesday.

It takes 60 votes to end a filibuster and proceed to a vote. Republicans gained four seats in the November elections, bringing the party split in the Senate to 55 Republicans, 44 Democrats and one independent.

"The contempt for the rule of law and the law of rules will set a new precedent — an illegal precedent," Senate Democratic leader Harry Reid of Nevada told new graduates of George Washington University law school, his alma mater, on Sunday.

"If a compromise cannot be reached, Democrats and responsible Republicans will cast a historic vote for the Constitution and against the nuclear option," Reid added.

Sen. Mitch McConnell (news, bio, voting record), the Republicans' vote counter, said Frist, R-Tenn., would have enough votes to stop a filibuster of Owen's nomination to the 5th U.S. Circuit Court of Appeals in New Orleans.

"If Senator Frist has to exercise (that) option, I believe we'll have the votes," McConnell, R-Ky., said on CBS' "Face the Nation."

Bitterness has festered for years over what both sides say is abuse by the other of the filibuster, the parliamentary tool that allows senators to hold up legislative business with unlimited talk. The atmosphere could stand in the way of a compromise that would protect the rights of the minority party and prevent the abuse of the filibuster, according to two of the dealmakers.

"We're having difficulty coming up with exact language which would portray that desire. It's tough," Sen. John McCain (news, bio, voting record), R-Ariz., told "Fox News Sunday."

Similarly, Nelson said, "It's very hard to handicap it at this point in time."

Six senators from each party are needed to force a deal whereby future judicial nominees are not blocked and current filibuster procedures remain unchanged.

A draft memorandum of understanding from Friday's negotiations said Democrats and Republicans signing the compromise would take several steps designed to avert a showdown "based upon mutual trust and confidence."

For Democrats, that meant agreeing to clear the way for final votes on six contested judges, including Owen. Two other nominees would not be guaranteed final votes.

In addition, the draft said future nominees to the appeals court and Supreme Court "should only be filibustered under extraordinary circumstances." Each senator would be permitted to decide when that condition had been met.

In return, those agreeing to the compromise would "commit to oppose the rules changes" sought by Frist. For Republicans that would mean breaking ranks on the issue "to reduce the rancor that unfortunately accompanies the advice and consent process in today's Senate," the draft said.