GOP Stressing Constitution in Judge Battle

GOP Stressing Constitution in Judge Battle

Mon Apr 25, 8:09 AM ET

By DAVID ESPO, AP Special Correspondent

WASHINGTON - Buffeted by poor poll numbers, Senate Republicans are stressing the Constitution rather than religion or retribution against activist judges as the reason to deny Democrats the right to block votes on President Bush's court nominees.

"What I do not want to do is cross the line and say those who oppose these nominees are people who lack faith," Sen. Lindsey Graham (news, bio, voting record), R-S.C., told "Fox News Sunday." "I don't believe that. I don't think that's appropriate."

Graham spoke several hours before Senate Majority Leader Bill Frist told a group of social conservatives he wants no part of retaliation against sitting judges.

"When we think judicial decisions are outside mainstream American values, we will say so," he told a rally dubbed "Justice Sunday — Stopping The Filibuster Against People of Faith." "But we must also be clear that the balance of power among all three branches requires respect — not retaliation."

"I won't go along with that," he added in implicit rejection of recent comments by House Majority Leader Tom DeLay. Frist made no mention of religion in his four-minute taped appearance.

Instead, the Tennessee Republican, Graham and other GOP senators said repeatedly Sunday that their goal was to assure fairness for Bush's controversial nominees — a yes or no vote in the Senate.

"If these senators are not prepared to fulfill their constitutional responsibilities, then why are they here in the first place?" said Frist.

The Republicans framed their rhetoric several days after receiving the results of a private poll that showed only 37 percent support for their plan to strip Democrats of the ability to filibuster judicial appointees. Opposed were 51 percent.

The same survey indicated only about 20 percent believe the GOP claim that Bush is the first president in history whose court appointees have been subjected to filibusters, a tactic in which opponents can prevent a vote unless supporters gain 60 votes.

The poll did contain some encouraging news for Republicans. Even among self-described Democrats, support for granting court appointees a yes-or-no vote exceeded 70 percent, according to officials who spoke on condition of anonymity.

No showdown seems imminent, despite earlier indications from Republicans that they might try to force the issue before the end of the week.

Republicans argue they can change the Senate's filibuster procedure on a simple majority vote, and Sen. Mitch McConnell (news, bio, voting record) of Kentucky, the chief GOP vote counter, told CBS' "Face the Nation" his party would prevail.

No Democrat disputed that Sunday. Republicans hold 55 seats in the 100-member Senate. So far, only two — Sens. John McCain or Arizona and Lincoln Chafee of Rhode Island — have broken ranks. Others have expressed concern about a move to change practices in place for decades.

One Democrat, Sen. Joseph Biden (news, bio, voting record) of Delaware, talked on ABC's "This Week" of a possible compromise in which Democrats would "let a number" of Bush's contested appointments win confirmation while "the two most extreme not go through." He mentioned no names.

The response from the two Senate party leaders seemed tepid at best. Frist's spokesman declined comment, while Democratic Leader Harry Reid of Nevada said through an aide that he remains open to compromise.

Democrats confirmed more than 200 judicial appointments Bush made during his first term, but blocked 10 appeals court nominees they deemed too conservative to warrant lifetime appointments.

Once re-elected, the president resubmitted seven of the names. Democrats have threatened to filibuster them again.

Of the seven, three were appointed to the Sixth Circuit Court of Appeals. Sen. Arlen Specter (news, bio, voting record), R-Pa., chairman of the Judiciary Committee, referred without elaboration to "a lot of negotiations to try to get three judges from Michigan" — Henry Saad, Richard Griffin and David McTeague — confirmed. Specter was interviewed on CNN's "Late Edition."

The other four judges include William G. Myers III, named to the 9th U.S. Circuit Court of Appeals; William Pryor Jr., picked for the 11th Circuit; Janice Rogers Brown, tabbed for the Circuit Court for the District of Columbia; and Priscilla Owen, whom Bush named to the 5th Circuit.

Frist singled out Owen for praise in his remarks before the rally organized by the Family Research Council on Sunday, a possible indication that he has decided to make her the test case on the filibuster issue.

Speaking of her and the six others, Frist recalled that Reid earlier accused him of pursuing radical Republican policies with his campaign to banish judicial filibusters.

"I don't think it's radical to ask senators to vote," he said. "I don't think it's radical to expect senators to fulfill their constitutional responsibilities."