A dozen Senate negotiators hope to avert a showdown today over judicial filibusters, but the chamber's Democratic and Republican leaders signaled yesterday that they are ready for a long-awaited vote that could deeply affect the federal judiciary and the operations of Congress.
President Bush, in a brief question-and-answer session with reporters at the White House this morning, added pressure on the Senate to move forward quickly. "I have made my position very clear, and that is my job is to pick people who will interpret the Constitution, not use the bench from which to write law . . . ," he said. "And I expect them to get an up or down vote. That's what I expect. And I think the American people expect that, as well. People ought to have a fair hearing and they ought to get an up or down vote on the floor."
Senators in both parties said tomorrow's scheduled vote on whether to ban filibusters of judicial nominees remains too close to predict because a handful of crucial GOP members have declined to divulge their intentions. Some of those Republicans exchanged phone calls over the weekend with a few Democrats seeking an agreement that would retain the right to filibuster but make its use highly unlikely this year or next -- provided that both sides act in good faith. The negotiators plan to huddle this afternoon in hopes of striking a deal that would deny Republican leaders the votes they need to ban the filibuster, and deny Democratic leaders the support they need to continue thwarting several of President Bush's appellate court nominees.
Because they drew lines deep into the sand months ago, Majority Leader Bill Frist (R-Tenn.) and Minority Leader Harry M. Reid (D-Nev.) have little to offer their colleagues, and even less room to maneuver, as they head into the biggest vote of their leadership careers. Warily eyeing the closed-door negotiations that could wrest the issue from their control, the leadership teams say they are ready for the debate's final hours.
For Frist and Reid, the filibuster debate presents special challenges. It involves no crop supports, high-tech tax credits or other perks they typically can bestow or withhold at crunch time to persuade vacillating colleagues. With a hallowed Senate tradition at stake, lawmakers are threatening to vote their consciences, making them poor candidates for logrolling.
As Sen. Charles E. Grassley (R-Iowa) points out, filibustering legislation is one thing -- the contents can be tweaked and moved around until enough senators are satisfied. In this case, the filibuster's target is a person nominated to the federal bench, and "you can't cut off a left arm and put on a new left arm," he said.
Barring a last-minute compromise, Democrats tomorrow will again try to block the confirmation of Priscilla R. Owen, one of the 10 appellate court nominees they thwarted in Bush's first term. If they succeed, Frist says he will seek a change in Senate precedents to bar the filibustering of judicial nominees. Vice President Cheney is ready to occupy the presiding officer's chair in case he is needed to break a 50-50 tie in Frist's favor.
It takes 60 votes in the 100-member Senate to overcome a filibuster. Republicans, holding 55 seats, have been unable to force confirmation votes for 10 of Bush's nominees, seven of whom were renominated this year.
Publicly, Frist and Reid have stuck to their partisan scripts. "As everyone knows, I have advocated fair up-or-down votes for judicial nominees again and again and again and will continue to do so," Frist said as he began the Senate debate Thursday. Reid, speaking next, responded, "The Senate is the last place where the president and Republicans can't have it all."
Privately, Frist and Reid are focused on more practical matters: monitoring arduous negotiations involving a dozen Republican and Democratic senators who want to avoid a vote; trying to keep their unruly caucuses unified; and -- barring a deal -- winning over the three Republicans believed by many to hold the rule-change outcome in their hands.
Outwardly, the two men have little in common. Frist, a patrician surgeon from Nashville, came to the Senate seeking only two terms, and is openly weighing a presidential bid in 2008. Reid, a miner's son from a tiny Nevada town and a former boxer and Capitol Police officer, has reached the pinnacle of his political hopes.
In the filibuster fight, their predicament is similar. Both men are determined to adhere to their principles, but are under considerable pressure from colleagues to find a solution that avoids a painful vote and possible chaos and political recrimination for months to come.
