GOP, Demos girding for battle over judgeships

WASHINGTON -- In a psychological war of words, Senate Republicans are issuing only slightly veiled threats against their Democratic counterparts if the minority party resuscitates its penchant for blocking President Bush's choices for federal judgeships.

Learn from the election defeat of Minority Leader Tom Daschle, the Republicans say, contending it was Democratic "judicial obstructionism" that led to a variety of GOP victories and Daschle's downfall on Election Day. The not-so-subtle message: Let conservatives have their way when it comes to judicial picks, or you too will face the wrath of voters.

But Senate Democrats, though diminished in number by four, see no link between the election losses and Bush's judicial nominees and plan to stand their ground. More filibusters should be expected if Bush tries to put someone too conservative on the Supreme Court or other top courts.

With Chief Justice William H. Rehnquist seriously ailing from thyroid cancer, Bush could make a court appointment soon.

Based on raw numbers, Democrats still can make a filibuster stick, since it takes 60 votes to overcome one. The new Senate will have 55 Republicans, 44 Democrats and one Democrat-leaning independent. The GOP would have to persuade five Democrats to defect on a filibuster to break it.

During Bush's first term, Democrats successfully blocked 10 of his judicial nominees to U.S. Appeals Courts -- the nation's second- highest courts. At the same time, the Senate confirmed 203 of Bush's court appointments.

Not surprisingly, it's the 10 blocked nominations that peeve the Republicans.

"I'm wondering if they have the heart to try it again," said Republican Sen. John Cornyn of Texas.

Absolutely, says Sen. Charles Schumer, D-N.Y., one of the most outspoken senators against what Democrats consider extremist right- wing judicial nominees.

"Everything stays the same, and the ball's in the president's court," said Schumer, who was just overwhelmingly re-elected to another six-year term. "I don't see the Democrats backing down on this issue."

David Keene, the American Conservative Union's chairman, said the election's "resoundingly conservative results should make the ultraliberal organizations on the left pause and reconsider their intentions to quash the appointment of any and all conservative judges to federal bench."

Democratic senators are unmoved by such talk, as are organizations that share their views.

"If they think they're going to persuade the Democrats to begin to rubber stamp their judicial nominees, they've got another thing coming," said Nan Aron, president of the liberal Alliance for Justice.

There may also be a battle raging within the Republican Party over potential Supreme Court nominees.

Sen. Arlen Specter, R-Pa., who is next in line to become Senate Judiciary chairman -- the person expected to shepherd Bush's picks through the Senate -- cautioned earlier this week that anti-abortion judges would have problems in the Senate.

"The president is well aware of what happened when a number of his nominees were sent up, with the filibuster," said Specter, who considers himself a moderate. "And I would expect the president to be mindful of the considerations which I am mentioning."

Conservatives went wild at Specter, who also just won re- election.

"The value voters who gave the Republican Party increased majorities in the House and Senate clearly affected the presidential race and are owed judicial nominations that reflect their values, traditional families and pro-life," said Family Research Council President Tony Perkins.

On Thursday, Specter backtracked a bit, saying he wasn't warning Bush not to make those kinds of choices, but that "in light of the repeated filibusters by the Democrats in the last Senate session, I am concerned about a potential repetition of such filibusters."

Democrats say the furor doesn't bode well for getting moderate candidates out of the White House. "I think Sen. Specter's right, and the fact that there was a negative reaction to his remarks is not a good omen," said Sen. Dick Durbin, D-Ill.

Most people expect at least one Supreme Court vacancy in Bush's second term. Aside from Rehnquist's illness, all but one of the nine Supreme Court justices are over 65, and several have had health problems.

If Democrats do filibuster, it wouldn't be the first time that tactic has been used against a Supreme Court nominee. Supreme Court Justice Abe Fortas' nomination for chief justice by President Lyndon B. Johnson was filibustered in the Senate in 1968, and Fortas later withdrew his nomination.

Aside from the Supreme Court, there are 28 empty seats and 24 upcoming vacancies because of retirements and promotions among the 857 U.S. District and appeals court seats, and the president already has 24 nominees pending for those positions.

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