Senator Byrd Warns Frist

VIVA SENATOR BYRD!

Byrd Warns Frist against 'Nuclear Option'
The Associated Press

Monday 12 December 2005

Sen. Robert Byrd of West Virginia said Monday he doesn't expect
Democrats to filibuster the nomination of Supreme Court nominee Samuel
Alito, but he still chastised Senate Majority Leader Bill Frist for
threatening to stop any such effort through a drastic parliamentary effort
that has been dubbed the "nuclear option."

"If he ever tries to exercise that, he's going to see a real filibuster
if I'm living and able to stand on my feet or sit in my seat," Byrd said in
a Senate debate with Frist, R-Tenn.

"If the senator wants a fight, let him try it," said Byrd, the Senate's
senior Democrat. "I'm 88 years old, but I can still fight, and fight I will
for freedom of speech. I haven't been here for 47 years to see that freedom
of speech whittled away and undermined. "

The animated exchange, springing from the majority leader's threat on
Sunday to block judicial filibusters, featured Frist waving his hands and
wiping his brow in exasperation.

Byrd insisted that Democrats have not threatened to filibuster Alito,
who was chosen by President Bush as the replacement for retiring Justice
Sandra Day O'Connor. In response, Frist read from a half-dozen news stories
that quoted Democrats mentioning the option, looking back at Byrd after each
item.

"I will do everything I possibly can if your side chooses, if the
Democrat side chooses to filibuster," Frist said.

Senate Democrats have questioned whether Alito, a federal appeals court
judge, has the proper judicial temperament and ideology to replace O'Connor.
Some have said Alito's views on issues such as voting rights and abortion
could provoke a filibuster unless he allays their concerns about his
commitment to civil rights at his confirmation hearings, beginning Jan. 9.

The filibuster is a parliamentary tactic whereby senators use their
right to virtually unlimited debate to block measures, legislation or
nominations. It takes 60 votes in the 100-member Senate to stop a
filibuster.

Under Frist's scenario, the GOP would seek a parliamentary ruling that
declares filibusters are not permitted against judicial nominees. That
ruling ultimately would go before the full Senate for a vote, with a simple
majority required to prevail. Republicans hold 55 seats.

Democrats like Byrd have threatened to retaliate with a fight that could
snarl Senate business for months.

With the Senate back in town, Progress for America, a conservative
advocacy group, launched a new television ad supporting Alito in Washington,
D.C., Maine, Rhode Island and Nebraska. It will run for four days on cable
stations, costs $150,000 and features two former Alito clerks praising the
judge.

The Fraternal Order of Police announced Monday that it will support
Alito's nomination. "We believe that he will be an outstanding addition to
the Supreme Court," said FOP President Chuck Canterbury.

And the National Association of Manufacturers was expected to endorse
Alito on Tuesday.

Several gay and lesbian rights groups announced their opposition to
Alito's confirmation Monday. They include the Human Rights Campaign,
National Gay and Lesbian Task Force, Lambda Legal, National Center for
Lesbian Rights, and Parents, Families and Friends of Lesbians and Gays.

Disability rights groups planned to announce their opposition to Alito
on Wednesday. They include ADA Watch/National Coalition for Disability
Rights, Alliance of Disability Advocates, Bazelon Center for Mental Health
Law, Disability Rights Education and Defense Fund, National Council on
Independent Living and World Association of People with Disabilities.