From Light Up The Darkness (see original posts for links)
Part 1: Abe Fortas
http://www.lightupthedarkness.org/blog/?view=plink&id=851Previously John Dean warned us that the dishonesty and secrecy of the Bush administration is Worse than Watergate. Now he corrects the Republican spin on the nuclear option:
The debate over whether to use the "nuclear option" when it comes to Senate filibuster rules continues. Senate Republicans, consistent with their conservative beliefs, claim they are only employing the "nuclear option" to preserve a Senate tradition - not to change one. It is not their own "nuclear option," but rather the Democrats' use of the filibuster to block judicial nominations that, they claim, is truly "unprecedented."
Leading this charge is Senator Orrin Hatch of Utah - who has repeatedly made this very claim on the Senate floor. But he is dead wrong.
I should know: I was there when the history he is trying to rewrite was made. And not only does this very use of the filibuster have precedent, but that precedent was made by Republicans.
Later in Dean's article:
Allow me to set the record straight.
The key event occurred in 1968. That year, Republicans blocked the nomination of Associate Justice Abe Fortas to become Chief Justice of the Supreme Court. And they did so with a filibuster.
Senator Hatch was not in Washington in 1968; he was not elected to the Senate until 1976. And he has either been grossly misinformed as to what occurred then, or is intentionally lying about it.
Part 2: Frist's Participation in Filibuster
http://www.lightupthedarkness.org/blog/?view=plink&id=852The Republican Filibuster of Abe Fortas is hardly the only time the Republicans have blocked a Democratic court nominee. Bill Frist should know this, as he was there when he participated in the filibuster of Richard Paez, a Clinton nominee to the Ninth Circuit Court. It appears Frist is being as dishonest as Orrin Hatch was found to be in our previous post:
Republicans insist that judicial filibusters never happened before. Frist put it this way: "In February 2003 the minority radically broke with tradition and precedent and launched the first-ever filibuster of a judicial nominee who had majority support." In truth, no one should understand the legitimacy of judicial filibusters better than Bill Frist. On March 9, 2000, Frist participated in a filibuster of Richard Paez, President Clinton's nominee to the Ninth Circuit. When confronted about his vote late last year, Frist claimed he filibustered Paez for "scheduling" purposes. Not true. A press release by former Senator Bob Smith titled "Smith Leads Effort to Block Activist Judicial Nominees" plainly states that the intent of the filibuster was to "block" the Paez nomination.
In fact, Paez was only one of at least six filibusters Republicans attempted during the Clinton years. Senator Orrin Hatch and others argue that these filibusters don't count because they ultimately weren't successful in blocking the nominees. All that proves, however, is that Clinton's nominees were moderate enough to secure sixty votes. It also suggests the remedy to Bush's problem: Stop nominating extremist judges to the federal bench.