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Specter Meets Johnsen, Still Unsure About Her Nomination

Senate Republicans may or may not mount a filibuster of Dawn Johnsen, but if they do, it will be a numbers game. Assuming Al Franken is still all tied up in court, Democrats will need at least two Republicans to cross over and vote to end debate on her nomination or it may go nowhere.

One of those Republicans could be Arlen Specter who's the ranking member on the Judiciary committee and the only member of that committee who didn't vote against moving the nomination to the floor. More specifically, he didn't vote at all. He took a pass, saying he'd have to meet with Johnsen personally before he made a decision.

Well, I've just confirmed that the two did meet at the end of last week, and, with that all wrapped up, Specter is...still undecided about the appointment.

Specter is apparently still reviewing her writings about reproductive rights and, notably, Bush era torture and OLC opinions and is continuing to withhold judgment.

By way of background, Specter was not a member of the Gang of 14, but had few kind words for Democrats when they filibustered President Bush's judicial nominees several years ago. He's also facing a primary challenge from conservative Pat Toomey, and he's facing considerable pressure to guard his right flank. For instance, he recently voted for a spending freeze just weeks after having voted to pass the president's $700 billion stimulus spending bill, and he recently reintroduced legislation that would replace the current tax code with a flat income tax.


7 Comments

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Specter wasn't the only one with "few kind words for Democrats"...and btw, did they actually filibuster Bush nominees, or just threaten to?

In any event, Charles Grassley in 2005:

“Filibusters are designed so that the minority can bring about compromise on legislation. But you can’t compromise a Presidential nomination. It’s yes or no. So filibusters on nominations are an abuse of our function under the Constitution to advise and consent.”
-Sen. Charles Grassley, March 2005

Is anyone going to call Republicans on their bullshit?

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They don't have to speak on the floor to maintain their filibuster. That was all theater. They can just sit there quietly reading a book or something and when anyone tries to move to end debate they just say "Do you have a quorum?" (60 votes). If not then they just say I object and the filibuster continues. Unless Reid refuses to take up other business then the filibuster virtually shuts down the senate. So Reid moves on otherwise the senate would be doing nothing. When Reid actually forces them to filibuster so to speak it just means he refuses to move on to other legislation and the senate remains in session until a quorum is reached but the people doing the filibuster can just sit there in silence (but with cameras on them it is embarrassing so usually they speak...but they don't have to).

I'm glad you posted that Grassley quote as I am copying it to post on other sites, Time to end the filibuster rule as it has been abused and no longer serves the purpose for which it was created. The majority is being held hostage by the minority and it's just ridiculous.

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clonecone originally pointed it out.

Here's the New Yorker article:

Hertzberg on the filibuster and the nuclear option in 2005

And Grassley's full quote:

One problem for the Republicans is that they like the idea of filibustering legislation (the filibuster has been very, very good to them over the years); they just don’t like, for the moment, the idea of filibustering judicial nominees. So they’ve tried to argue that there is something uniquely awful about the latter. “Filibusters are designed so that the minority can bring about compromise on legislation,” Senator Charles Grassley, an Iowa Republican, told Toobin. “But you can’t compromise a Presidential nomination. It’s yes or no. So filibusters on nominations are an abuse of our function under the Constitution to advise and consent.”

They were an abuse in 2005 when Democrats tried, but four years later, they're an abuse.

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Apparently not the only one:

"Back in 2005, during the nuclear option imbroglio Coburn took a fairly absolutist position on the Senate's advise and consent powers, telling the newspaper Tulsa World that no presidential nomination should ever be filibustered." -- TPMDC

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so bring the senate to a halt.
let it go on for a week.
let the people see what is going on.

why the hell not?

reid is the weakest man i have ever seen.

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Because the make 'em stand there and talk forever filibuster is a Hollywood myth. But hey, don't let mere facts get in the way of a good dogmatic attack on Reid.

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No, CTVoter, the media certainly won't calling anything for the Dems, and the Dems have become habitual loosers in the Senatorial Chicken Game err, Omega Dog contest.

Reid & Co need to start making the GOP actually, you know, speak on the floor to maintain their filibusters. Or unless the nuclear option of eliminating filibusters on nominations via a rule change (or however the Repubs intended their nuclear option when they had the majority and the VP.)

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