Moving the Senate closer to a historic confrontation, the Republican-controlled Judiciary Committee yesterday endorsed two of President Bush's most controversial nominees to federal appellate court, and Democrats vowed once again to use the filibuster to block their confirmation.
The committee, voting 10 to 8 along party lines, endorsed Janice Rogers Brown of California for a seat on the U.S. Court of Appeals for the District of Columbia, and Priscilla Richman Owen of Texas for a seat on the U.S. Court of Appeals for the 5th Circuit. Both were nominated, endorsed by the Judiciary Committee and ultimately blocked by the Democrats in Bush's first term, along with eight other appeals court nominees.
Yesterday's action therefore sets up a replay of past battles but with potentially far greater consequences. Senate Majority Leader Bill Frist (R-Tenn.) has threatened to change Senate rules to ban filibusters for judicial nominations, clearing the way for them to be confirmed by a simple majority vote. But Democrats have threatened to bring the Senate to a virtual halt if Frist invokes what has been called the "nuclear option" on such nominations.
Republicans carefully chose their nominees for a Senate confrontation that could occur sometime in the next month, assuming that they can put Democrats, who pride themselves on appealing to female and black voters, on the defensive if they attempt again to deny two women, one of them an African American, an up-or-down vote.
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