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Showdown on filibuster goes one step at a time

Associated Press
Published May 19, 2005


WASHINGTON - Here's how a Senate vote could occur on banning judicial filibusters. The Senate began debate Wednesday on the nomination of Texas Judge Priscilla Owen to the 5th U.S. Circuit Court of Appeals in New Orleans.

Before the end of the week, Senate Majority Leader Bill Frist, R-Tenn., would call for a vote in which senators would decide whether to end debate and move to a vote on Owen's nomination. The vote to end debate, which requires 60 votes, would occur early next week.

If that vote failed, as expected, Frist would make a point of order that debate on a Supreme Court or U.S. Appeals Court nominee should be limited to a certain number of hours or days - that it could not be stalled by a minority.

The presiding officer - expected to be Vice President Dick Cheney in his role as president of the Senate - would make a ruling in Frist's favor.

Democrats would appeal, Frist would move to put the appeal aside and let Cheney's ruling stand. The Frist motion would be decided with a simple majority vote. If there were a 50-50 tie, Cheney would break it.

If Frist won his tabling motion, the Senate would vote on Owen's nomination. A simple majority of those present could confirm her. If Frist got fewer than 50 votes for his tabling motion, Republicans would be unable to bring Owen's nomination to a confirmation vote.

The Senate has 55 Republicans, 44 Democrats and one independent.

[Last modified May 19, 2005, 01:06:21]


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