Nomination of Priscilla Richman Owen to be United States Circuit Judge for the Fifth Circuit--Continued
NOMINATION OF PRISCILLA RICHMAN OWEN TO BE UNITED STATES CIRCUIT JUDGE FOR THE FIFTH CIRCUIT--Continued -- (Senate - May 23, 2005)
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Mr. GRASSLEY. One of the things that the public at large can get confused about is that we are going to eliminate the use of the filibuster entirely. I have seen some of the ``527'' commercials advising constituents to get hold of their Congressman because minority rights are going to be trampled.
I, obviously, find that ludicrous. I know this debate is not about changing anything dealing with legislation. It is just maintaining the system we have had in the Senate on judges for 214 years. I wonder if the Senator would clear up that we are talking just about judicial nominees, and not even all judicial nominees, and nothing to change the filibuster on legislation.
Mr. McCONNELL. I say to my friend from Iowa, if the majority leader does have to exercise the constitutional option and ask us to support it, it will be narrowly crafted to effect only circuit court appointments and the Supreme Court, which are, after all, the only areas where there has been a problem.
I further say to my friend from Iowa, in the years I have been in the Senate, the only time anyone has tried to get rid of the entire filibuster was back in 1995 when such a measure was offered by the other side of the aisle.
Interestingly enough, the principal beneficiaries of getting rid of the filibuster in January of 1995 would have been our party because we had just come back to power in the Senate, yet not a single Republican, not one, voted to get rid of the filibuster. Nineteen Democrats did, two of whom, Senator Kennedy and Senator Kerry, are still in the Senate and now arguing, I guess, the exact opposite of their vote a mere 10 years ago.
Mr. GRASSLEY. So when we just came back into the majority, after the 1994 election, there was an effort by Democrats to eliminate the filibuster?
Mr. McCONNELL. Entirely.
Mr. GRASSLEY. For everything, including legislation.
Mr. McCONNELL. Right.
Mr. GRASSLEY. We were the new majority.
Mr. McCONNELL. Right.
Mr. GRASSLEY. And we would have benefited very much from that. It would have given us an opportunity to get anything done that we could get 51 votes for doing, with no impediment, and we voted against that?
Mr. McCONNELL. Unanimously. And interestingly enough, it was the first vote cast by our now-Senate majority leader, Senator Frist, here in the Senate. The very first vote he cast, along with the rest of us on this side of the aisle, was to keep the filibuster.
Mr. GRASSLEY. So I think that ought to make it clear we are just talking about the unprecedented use of the filibuster within the last 2 years. We are not talking about changing anything in regard to filibusters on legislation because we understand that is where you can work compromises. You cannot really work compromises when it comes to an individual--is it either up or down. But you can change words, you can change paragraphs, you can rewrite an entire bill to get to 60, to get to finality, on any piece of legislation.
Mr. McCONNELL. My friend from Iowa is entirely correct. The filibuster would be preserved for all legislative items, preserved for executive branch nominations, not for the judiciary. It would be preserved even for district court judges, where Senators have historically played a special role in either selecting or blocking district judges. All of that would be preserved. If we have to exercise the constitutional option tomorrow, it will be narrowly crafted to deal only with future Supreme Court appointments and circuit court appointments, which is where we believe the aberrational behavior has been occurring in the past and may occur in the future.
Mr. GRASSLEY. And maintain the practice of the Senate as it has been for 214 years prior to 2 years ago.
Mr. McCONNELL. That is precisely the point. My friend from Iowa is entirely correct.
Mr. GRASSLEY. I thank the Senator.
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