The Corner

Dems Non-Filibuster Filibuster Estrada

Just minutes ago, Senate Minority Leader Tom Daschle announced that

Democrats will not allow a vote on the appeals court nomination of Miguel

Estrada. Daschle told reporters that Estrada has not given the Senate

enough information about his legal views to merit a vote. “The issue is our

view that every nominee has an obligation to be forthcoming with information

about his positions, with information about his record,” Daschle said. “If

we get the information, we will let every senator make his or her decision.”

If not, Daschle said, “We will continue to debate this issue.”

Republicans are pledging to stand firmly behind Estrada, and they vow to

debate the nomination for as long as it takes to win. A short time ago,

Majority Leader Bill Frist said, “We’re willing to stay today, tomorrow,

tomorrow night, the next day, the next night, possibly Saturday, possibly

into the recess.” Frist told reporters, “I don’t want to be in a position

that the other side of the aisle says, ‘You didn’t give fair and adequate

time for discussion.’” But he added that a filibuster of Estrada would have

“dramatic political fallout” for Democrats.

Despite all the talk, it is still not clear whether Democrats plan to

launch a formal filibuster. But there is no doubt that they plan to block

the nomination for as long as possible while Daschle tries to gather the 41

votes required to uphold a filibuster. And so far, as Frist’s comments

indicate, Republicans have not yet decided to press the issue.

Byron York is a former White House correspondent for National Review.
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