Senators prepare for 30-hour talkathon

By Jan Crawford Greenburg
Chicago Tribune

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WASHINGTON — Frustrated at Democrats' success in blocking President Bush's judicial nominees, Republicans are planning a highly unusual 30-hour, round-the-clock session starting tonight to talk about the nominations, focus attention on the issue and step up pressure on Democrats.

Republican leaders are mounting a full campout with cots available for senators to nap through the wee hours, food service at nearby offices and a system to rapidly contact senators who have wandered off if they're needed.

Democrats, for their part, have signed up for "watch duty" time slots, during which they will deliver the party's message on the Senate floor and stand guard against any Republican effort to sneak through a vote on a judge. Both sides have reserved rooms for all-night media interviews.

Despite the spectacle reminiscent of "Mr. Smith Goes to Washington," Republican leaders concede the effort is unlikely to change any minds on individual nominees for judgeships. But they hope the session, running tonight through Friday, will highlight what they see as Democratic obstructionism and reassure conservatives they are committed to confirming Bush's judicial picks.

The Senate has confirmed 168 of Bush's judges, more than President Reagan in his first term. And with 68 nominees winning confirmation as of yesterday, Bush's numbers this year are higher than those of President Clinton in seven of his eight years in office.

The vacancy rate on the federal bench is at its lowest point in 13 years, due to a recent surge of judges nominated by Bush and confirmed by the Senate.

Democrats, who have been surprisingly effective in derailing a small group of Bush nominees they label as extremist, characterize the marathon session as a publicity stunt. They say it comes at a time when the Senate has far more important issues on its plate, including an energy bill and a prescription-drug benefit for seniors.

"We think there's so much work to be done that it's not a good use of our time," said Senate Minority Leader Tom Daschle, D-S.D. "We didn't ask for this. But we will be there."

Daschle said Democrats will use their half of the 30-hour session to talk about the 3 million jobs lost during Bush's term. Privately, Democrats say they do not mind the attention on their filibuster of four Bush judicial nominees, since their persistence will satisfy liberals as much as the Republicans' effort pleases conservatives.

The marathon session reflects the bitter nature of the fight over judges. That fight goes back at least to Robert Bork's failed 1987 Supreme Court nomination, but the rancor has erupted anew in the current Congress and spilled into other areas of debate.

Despite gaining a majority in the Senate last year, the GOP has been unable to muster the 60 votes needed to end debate and hold a vote on four nominees Democrats find most objectionable.

That sends a strong message, Democrats say, that they could stand firm when a Supreme Court vacancy occurs.

"This caucus is 100 times stronger than it was 11 months ago when it comes to the prospect of a Supreme Court nomination," a Democratic staff member said. "Over time, people have realized it is not only the right thing to do, but it's not hurting us politically. This helps us politically."

As a result, even some Republicans say the moment has passed and that the marathon sessions to force the issue should have been held in February, when Democrats announced they would begin their first filibuster of Washington lawyer Miguel Estrada.

Democrats found they were able to block vote after vote on Estrada with relative ease. Estrada, nominated to the influential D.C.-based federal appeals court, withdrew his nomination in September.

After their victory on Estrada, they are filibustering three other nominees: Mississippi Federal Judge Charles Pickering, Texas Supreme Court Justice Priscilla Owen and Alabama Attorney General Bill Pryor.

Democrats also plan to block at least two more nominees when they reach the floor: California Supreme Court Justice Janice Rogers Brown and Los Angeles Superior Court Judge Carolyn Kuhl.

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