The partisan effort of Senate Republicans to change the rules
governing the use of the filibuster is not consistent with their past
support of the filibuster. Senate Republicans have used the
filibuster to block judicial and executive nominations and achieve
other legislative goals. Once again, Republican rhetoric does not
match the reality of their actions.
Majority Leader Bill Frist
The claim that it is unprecedented to filibuster judicial
nominations, while often repeated by Republicans, is false.
Cloture votes have been required to end debate on numerous
judicial nominations. On March 8, 2000, cloture petitions were
necessary to obtain votes on the nominations of both Richard
Paez and Marsha Berzon to the Ninth Circuit. This was after
Republican opponents repeatedly delayed action on these
nominees - for over four years in the case of Mr. Paez. Senator
Bob Smith openly declared he was leading a filibuster. Senator
Frist was among those voting against cloture on the Paez
nomination. Also voting against cloture were current Republican
Senators Allard, Brownback, Bunning, Craig, DeWine, Enzi,
Inhofe, and Shelby.
On March 9, 2000, Senator Frist voted for a motion offered by
Senator Sessions to indefinitely postpone the confirmation of the
nomination of Mr. Paez. Also voting to indefinitely delay the
confirmation of the nomination were current Republican Senators
Allard, Bond, Brownback, Burns, Cochran, Craig, Crapo, DeWine,
Fitzgerald, Grassley, Gregg, Inhofe, Kyl, Lott, McConnell, Nickles,
Santorum, Sessions, Shelby, Thomas, and Warner.
Senator Orrin Hatch
During the Clinton Administration, Senator Hatch commented as follows on the
importance of giving judicial nominees careful consideration:
"[The filibuster is] one of the few tools that the minority has to protect itself and those
the minority represents." (Congressional Record, October 4, 1994)
"[T]he Senate can and should do what it can to ascertain the jurisprudential views a
nominee will bring to the bench in order to prevent the confirmation of those who are
likely to be judicial activists. Determining which will become activists is not easy since
many of President Clinton's nominees tend to have limited paper trails... Determining
which of President Clinton's nominees will become activists is complicated and it will
require the Senate to be more diligent and extensive in its questioning of nominees'
jurisprudential views." (Address of Senator Hatch before University of Utah Federalist
Society chapter, February 18, 1997)
"While the debate about vacancy rates on our federal courts is not unimportant, it
remains more important that the Senate perform its advice and consent function
thoroughly and responsibly. Federal judges serve for life and perform an important
constitutional function without direct accountability to the people. Accordingly, the
Senate should never move too quickly on nominations before it." (Congressional
Record, June 22, 1998)
Senator Don Nickles
"I think it's important that we not undermine the capability of a significant minority in the
Senate to slow down some legislation that may be detrimental to our country. When
you get 41 Senators, there's usually something wrong or there wouldn't be that [level of]
concern." (Daily Oklahoman, November 29, 1993)
Senator Christopher Bond
"On important issues, I will not hesitate to join a filibuster." (St. Louis Post-Dispatch,
April 11, 1993)
Senator Richard Lugar
"...clearly the thing that distinguishes the Senate as a legislative body is unlimited
debate... a traditional aspect that most Senators have felt very important for 200 years."
(Joint Committee on the Organization of Congress, Floor Deliberations and Scheduling
Hearing, May 18, 1993)
"It is a function of our Constitution that minorities are protected in many, many ways...
so a little time passes so, in fact, the public might be informed of what the issues are
and may weigh in and people may change their minds." (Joint Committee on the
Organization of Congress, Floor Deliberations and Scheduling Hearing, May 18, 1993)
Senator Jeff Sessions
On March 8, 2000, cloture petitions were necessary to obtain votes on the nominations
of both Richard Paez and Marsha Berzon to the Ninth Circuit. This was after
Republican opponents repeatedly delayed action on them - for over four years in the
case of Mr. Paez. Senator Bob Smith openly declared he was leading a filibuster and
described Senator Sessions as a member of his filibuster coalition.
Senator Arlen Specter
On the nomination of John Ashcroft to be Attorney General:
"And there have been threats of filibuster. And if John Ashcroft is as bad as the
witnesses on this side of the table have characterized him, as bad as the senators have
characterized him - if he's that bad, they know how to stop him." (Senate Judiciary
Committee Hearing, January 18, 2001)
Senator Specter was asked if Senate Democrats should filibuster the Ashcroft
nomination. "Well, that's exactly right. If John Ashcroft is as bad as they say he is, then
they ought to use whatever means they can to defeat his nomination." (CNN Late
Edition with Wolf Blitzer, January 21, 2001)
Senator Rick Santorum
On the nomination of Henry W. Foster, M.D. to be Surgeon General:
"Based on what is known, as well as what is not because of Dr. Foster's lack of candor,
I am not convinced that he has the potential to unite the country by addressing the
broad range of health-care issues facing the nation. It is for this reason that I will vote
against cloture on the nomination and against Dr. Foster if a confirmation vote comes
before the Senate." (The Philadelphia Tribune, June 23, 1995)
Former Senator John Ashcroft
On the nomination of David Satcher, M.D. to be Surgeon General:
"Ultimately, a senator has the right to notice and to full debate on the issue. And that's
what a hold guarantees. I think the Senate deserves an opportunity to debate and
understand these issues and the purpose of my placing a hold in this process is to
make sure that we have an opportunity for that debate to be fully and thoroughly
conducted." (Federal News Service, January 20, 1998)
Former Senator Bob Dole
Former Senator Dole defended the filibuster as a way "to protect the rights of the
minority. It's not just a Democratic tool when Republicans are in charge or a
Republican tool when Democrats are in charge." (USA Today, November 23, 1994)
Former Senator Bob Smith
On the floor, former Senator Smith, citing the Fortas, Rehnquist and other filibusters as
precedents, said, "It is not a new path to argue and to discuss information about these
judges. I do not want to hear that I am going down some trail the Senate has never
gone before by talking about these judges and delaying. It is simply not true. I resent
any argument to the contrary because it is simply not true." (Congressional Record,
March 9, 2000)
Former Senator Jesse Helms
Saying his rights as a U.S. Senator "were trampled on" by the Democratic Senate
majority and the Clinton Administration, former Senator Helms and former Senator
Faircloth began a filibuster to block approval of the nomination of North Carolina native
Walter Dellinger to be an assistant attorney general for the Office of Legal Counsel.
Former Senator Helms framed the debate in terms of the Senate's tradition of
protecting "the rights of the minority, even a minority of one or two." (States News
Service, October 6, 1993)
Former Senator Nancy Kassebaum
"I'm a believer that the filibuster is important as a tool for the minority..." (The
Times-Picayune, August 7, 1994)
Former Senator Simpson
"The rap they give us is our use of the filibuster as a check on government controlled by
one party, that that's somehow acting in bad faith. That is an incredibly simplistic view.
Republicans were duly elected too. The voters elected us. I know, sad to believe,
based on the principles we believe in. We ought to have the right to have those
principles judged by the American people." (Federal News Service, October 8, 1994)
"Well, come on, if the president wants to see less frequent use of the filibuster, I
suggest that he and the members of his party consider the idea of greater consultation.
We are ready to work. Talk to us honestly." (Federal News Service, October 8, 1994)
Former Senator Malcom Wallop
"What makes the Senate such a wonderful institution is what also makes the Bill of
Rights such a wondrous document. Like the protections enshrined in the Bill of Rights,
the Senate's rules sometimes serve to frustrate or thwart the whims and passions of a
free and democratic society. That is a virtue, my colleagues, not a vice." (Senate Rules
and Administration Hearing, March 10, 1994)
"No majority is permanent - and no minority, either. This, therefore, is the essence of
America's unique concept of liberty: it is vital that the minority has the right to be heard
and that it is protected against the tyranny of a majority of one." (Senate Rules and
Administration Hearing, March 10, 1994)
"The Founding Fathers had a specific scheme in mind in order to protect minority rights,
and the filibuster is essential." (States News Service, October 26, 1994)
