WASHINGTON (BP)–The fourth attempt to conclude a filibuster against federal appeals court nominee Miguel Estrada met the same fate as the first three.
The Senate voted 55-44 April 2 to invoke cloture but again fell five votes short in its attempt to cut off the Democratic minority’s delaying strategy. With 60 votes for cloture, the GOP could have brought Estrada’s name to the floor for a confirmation vote. If Estrada’s nomination were to reach the floor, it would require a simple majority for confirmation.
All 51 Republicans, as well as the same four Democrats, again voted in the majority. The Democratic senators who have voted for cloture are John Breaux of Louisiana, Zell Miller of Georgia, Ben Nelson of Nebraska and Bill Nelson of Florida.
President Bush nominated Estrada in May 2001 to the District of Columbia Circuit Court of Appeals.
The Republican leadership has threatened to undercut the stalling tactics on Estrada by bringing additional nominees to the floor, thereby challenging Democrats to filibuster other conservative jurists as well.
Democrats fear Estrada will write and support opinions favored by conservatives. They have called for him to be more detailed about his specific views on partisan issues, including the right to abortion granted by the Supreme Court in the 1973 Roe v. Wade ruling. They also have asked for the release of confidential memos Estrada wrote while an assistant solicitor general in the Department of Justice. Former solicitors general in both Democrat and Republican administrations have expressed their opposition to the release of such information.
The confirmation of pro-life judicial nominees is a priority in this session for many pro-life/pro-family organizations, including the Southern Baptist Ethics & Religious Liberty Commission.
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