GOP Determined to Stop Judicial Filibusters

Human Events, Nov 22, 2004 by Bluey, Robert B

Then there's the so-called "nuclear option," which would require 51 supportive senators to be present on the Senate floor when the GOP makes a motion on the interpretation of Senate Rule XXII, Miranda said. The presiding officer would then confirm that only a simple majority is needed to confirm a nominee.

The final option, and the most unlikely, according to Miranda, involves rewriting the Senate rules themselves at the beginning of the 109th Congress. Former Vice Presidents Richard Nixon (R), Hubert Humphrey (D) and Nelson Rockefeller (R), while serving in their capacity as Senate president, agreed that the Senate could change its rules at the start of its new session.

"I support the constitutional option, I support a rule change, I support elimination of the unconstitutional filibuster by any legal means," said Cornyn, the Texas senator.

Until the GOP formulates its strategy, Frist plans to maintain a certain degree of "civility" toward his Democrat colleagues, he said at Wednesday's press briefing. At the same time, however, he said the Republicans strongly believe the filibuster is wrong.

"We have constitutional duty to give advice and consent," Frist said. "That's our constitutional duty. That is shared by every member of our caucus because that's what our responsibility is. We feel as a caucus we have been denied that opportunity in the last Congress for the first time in history. "