DURBIN:"As of Wednesday, I Just CAN'T RULE IT (Fillibuster) OUT

[kpete]

Durbin Says Filibuster on Alito Still Possible
by Chris Bowers

This is clearly a very close whip count:

U.S. Sen. Dick Durbin (D-Ill.) announced Thursday he will vote against Judge Sam Alito for the U.S. Supreme Court. And he said so many other senators intensely oppose Alito that they may have enough votes to sustain a filibuster against the conservative jurist.(...)
As the No. 2 Democrat in the Senate, it's Durbin's job to count votes for and against Alito. He said he won't know until Tuesday if there are enough strong opponents to filibuster Alito's nomination.

"A week ago, I would have told you it's not likely to happen," Durbin said. "As of , I just can't rule it out. I was surprised by the intensity of feeling of some of my colleagues. It's a matter of counting. We have 45 Democrats, counting Jim Jeffords, on our side. We could sustain a filibuster if 41 senators ... are willing to stand and fight.

"We're asking senators where they stand. When it reaches a critical moment when five senators have said they oppose a filibuster, it's off the table. It's not going to happen. But if it doesn't reach that moment, then we'll sit down and have that conversation."


http://www.mydd.com/section/Judges

[Coexist]

1. I CAN'T TAKE THIS ROLLERCOASTER

Aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaah.

But thanks for the good news!

[John Q. Citizen]

45. That's politics. Keep fighting because it's not over. Find a friend or

relative or two and ask them to call their Dem Senators and ask them to filibuster.

[yurbud]

2. Who are the holdouts besides Feinstein?

[Mass]

3. Probably Pryor, Landrieu, and of course Ben Nelson

Not sure where is Lieberman,

[Coexist]

4. Called his office today due to severe idiocy on my part...

No decision yet.

[Hand]

9. Gah... Lieberman...

He's got an article in the WSJ today called "Alito Must Be Confirmed". Swine. Here's to ya, Holy Joe.

[yurbud]

20. Send Lieberman a frame of the animation below...

[wordpix]

42. too funny

[Knight of Ni]

69. Knowing the GOP.......

If the scenario above was actually happening, the Republicans would STILL find something to complain and blame the Democrats about:

"They didn't spread their legs far enough apart! OH!! The INJUSTICE!!!"


For a party that projects itself as manly and rugged, the Republicans sure are whiny crybabies!!

[Coexist]

21. NO - THAT WAS SATIRE - IT WAS NOT REAL!

I didn't "get" it either - that's why I called his office.

[Hand]

27. Woopsie...

Well, I hope he hasn't seen it--don't want to give him ideas.

[worldgonekrazy]

31. Self-delete

I jumped the gun on Holy Joe there. Here's hoping he doesn't let us down again.

[yurbud]

39. My brief, blunt letter to Feinstein on Alito

[wordpix]

40. Dear Sen. Lieberman: we are going to run another candidate against you

[yurbud]

18. Lieberman is bent over in the cloakroom for the GOP (PIC)

[jfern]

35. Call Feinstein here and demand a fillibuster

http://feinstein.senate.gov/

[John Q. Citizen]

46. Rumor control: Feinstein said a filibuster was "doubtful" not that

she wouldn't support a filibuster.

[rpannier]

58. Feinstein never said she wouldn't support a filibuster

She said it was unlikely to happen. I'm sure after Senators like Nelson, Landrieu, Pryor, and Baucus were queried the prospects probably seemed slim.

[gratuitous]

5. Well, well, well

A funny thing appears to be happening (again) on the way to a slam-dunk confirmation. Remember John Bolton? He was supposed to sail through with nary a hitch, and Bush had to resort to a temporary recess appointment and install his boy who now has no standing and no credibility at the UN. He'll be gone soon, and everybody there knows it.

It was just last week (or was it earlier this week?) that all the peddlers of the conventional wisdom were saying that Alito was neat-o. However, late returns from the Democratic side of the aisle haven't been counted yet, so maybe . . .

[druidity33]

57. source on Bolton?

Saw an article that said he was having "quite an impact" at UN, what with the rethug "late night vote" trick and his "forceful demeanor"... i took it to mean he's a jackass, but everyone's gotta put up with him. Can the UN vote a member rep out of the circle?

I would love to see him FIRED...


...little bathroom stickers...

[LunaC]

62. Bolton isn't going anywhere

In fact, he takes over as President of the U.N Security Council in February, just in time to bully some type of action against Iran.

http://www.tompaine.com/articles/20060112/the_bush_who_cried_wolf.php

[in_cog_ni_to]

6. Know what this means?

THEY ARE GOING TO FILIBUSTER, but










don't tell the repukes. We want it to be a big surprise.:)

[mom cat]

15. Tell the repubs not to nuke! I bet if we pressure them hard enough,

that we can block the nuke. Check out this site for names of senators to contact. Remember to keep it up all weekend long!
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x2054570

[kwyjibo]

7. Why do they need 41 senators for a filibuster?

Is it a time limit thing or something?

[in_cog_ni_to]

12. It's a Senate procedure. This explains a filibuster.

What Is a Filibuster?

The filibuster comes from a Senate rule that it takes three-fifths of the Senate to cut off debate on certain kinds of questions. (For most of the Senate's history, the rule was two-thirds, so the rule has been weakened ... a little.)

The reason this is an important rule is because in order to take a vote, you have to cut off debate. Debate is cut off on all matters before either house of Congress just prior to a vote.

So there's nothing pernicious about the idea of cutting off debate. At some point, you stop arguing and take a vote, and then the majority prevails. Every act that ever passed Congress did so because debate was eventually cut off.

With a filibuster, the minority knows that the majority has enough votes to carry an act that the minority hates. So the minority refuses to allow debate to end in order to prevent the vote.

If you have 41 Senators who will vote to refuse to end debate, then you can keep the debate going forever, effectively ending any chance of a vote ever being taken.

Here's how it works, in theory. One of the minority Senators gets the floor, and then refuses to yield to anyone from the other side. Under Senate rules, any Senator can talk forever, if he wants.

So, as in the movie Mr. Smith Goes to Washington, a lone Senator can hold up a vote forever. Except for the problem that he needs to sleep. And urinate. Eventually he's going to have to leave the Senate floor.

However, if he has allies in his cause, he can yield to them. They then carry on the debate. And whenever the other side demands a vote on cutting off debate, all forty-one (or more) Senators on the minority side cast their vote to refuse to end debate. The filibuster goes on; the majority is unable to take the vote that would pass the legislation in question.

The urination problem is thus solved for the filibustering team. But the sleep problem isn't. Because the filibuster is war.

Therefore, the filibustering minority must always have its forty-one Senators available, day and night, as long as the filibuster continues.

But the majority side must always have at least 51 Senators on hand, because if the minority ever thought they had an actual majority of Senators who could reach the floor in time to vote, they would end their own filibuster, allow the vote, and win.

Thus the filibuster keeps both sides awake and available to vote. When filibusters actually take place, all these old politicos camp out in the Capitol, ready to be wakened at a moment's notice to go in and vote. They go to the bathroom in shifts, they eat in shifts, to make sure they always have enough votes to keep the other side from prevailing in either of the two potential votes: the vote to cut off debate, and the vote that the filibuster is trying to prevent.

[CAcyclist]

23. Sounds like fun. I want us to go to WAR.nt

[wordpix]

43. filibuster will be LOTS of FUN & the nation can hear OUR SIDE-why we're

filibustering-i.e. Alito will put nation at risk of crowning absolute ruler, dangerous moron Bush and his criminal band of courtiers, a.k.a. the Bush Cabal.

[ClintonTyree]

55. Wow, in other words they actually have to work...............

for once! I can see why there's so much distaste for the filibuster, not being able to leave the "factory" floor at will. It's almost like a real job! :scared:

[mattclearing]

13. Filibusters can be ended by a cloture vote - requires 60 votes. n/t

[mom cat]

16. It takes 60 votes to stop a filibuster, so 41 votes can keep one

going.

[aggiesal]

49. Another problem is the Nuclear Option

The Reps. think that filibustering a judicial nominee is unconstitutional. So if the Dems. do decide to filibuster, the Reps. will initiate the nuclear option. What they'll do is file a law suit with the supreme court stating that the filibuster is as mentioned unconstitutional. Then change the rule from needing 60 votes to 51, which they would easily have.
3 things worth noting.
1) The filibuster is a senate procedural rule not a law. The Supreme Court has already judged that the senate can have any procedural rule they want and this is not unconstitutional.
2) If the nuclear option works in favor of the Reps. the Senate Dems. might as well go home, because they will be of no use.
3) The gang of 14 (7 Dems & 7 Reps) have a made an agreement, where the Dems. will not use the filibuster against a judicial nominee unless the nominee is too extreme, and the 7 Repubs have agreed not to use the Nuclear Option against the filibuster unless the judicial nominee is not too extreme.

P.S. How do you add the cool graphic next to your name on the left side of the panel?

[ClintonTyree]

56. The Slugs must remember though........

if they go "nookuler" that this is quite probably going to bite them in the ass somewhere down the road. It's going to apply to them as well.
As for the "cool graphic", click on "options" on the tool bar at the top of the page, click "edit your profile". Look for the "avatar image" in the menu then select one from the DU library or upload one of your own (being mindful of the size of course). When you've made your choice, click "update" and you're all set. If you should ever change your avatar all of your previous posts will change to the new avatar as well.
Welcome to DU! :hi:

[aggiesal]

70. Thanks for the Cool graphics procedure.

Unfortunately, I can't use the image I really want.

[B Calm]

60. If we get that far where the cons have to use the nuclear option

to install a fascist corporatist to the SC, we won! Party unity will be a powerful weapon going into an election!

[mom cat]

66. Not all Republicans will go along with the nuclear option. Snowe has

said that she would not and others might also recoil from using it. Please contact your more moderat Republican Senators and ask them to vote "no" on nuking or to at least abstain...or "go to lunch"!

[Wordie]

8. Thank you, thank you, THANK YOU! This is very good news!

I hope it inspires many more letters and emails to our Senators. We need to let them know we support them in a fillibuster.

I've recommended this thread. Please, everyone, recommend it too! Everyone needs to see this.

[mom cat]

10. They are hearing us. Keep up the shouting and faxing and e-mailing

and whatever else it takes. If we don't quit, we can win!

[ewagner]

11. Ihopeihopeihope

[mom cat]

14. Me too, me too, me too!

[longship]

17. Remember Reid's Rope-A-Dope?

Reid's a former boxer. He knows how to play the game. He played the Miers nomination perfectly, letting the Repugs destroy her after he made his mushy, "condemn with faint praise" statement about her.

It would be monumentally stupid for the Dems to be talking about the filibuster. Reid knows this, and so does Feinstein, and the rest. If the Dems are going to filibuster, they are not going to tell the Repugs and the world about it. Can you imagine what kind of love the Repugs would heap on the Dems if they announced their intentions to block Alito with a filibuster?

No. They will not announce their intentions. They will use misdirection and even let people think that it's off-the-table. In other words, if they intend to filibuster they would do precisely what they are doing.

Notice that nobody is saying that the filibuster is off-the-table in so many words. They are equivocating on the topic, letting people think that it is off-the-table.

Everybody, please be patient and let's see what happens. If they do not filibuster this clown, then we can be outraged. Hold your anger until then.

[yurbud]

19. hope you are right. If the Dems keep their powder much drier...

the rest of us will be powder in the bottom of a crematorium oven.

[longship]

29. They very well may be keeping their powder dry for Alito.

Give them a chance.

[yurbud]

37. do we have a choice?

[wordpix]

44. let's take a cue from the early * admin. Mum's the word

[yurbud]

64. a fear about trusting dem congressional leadership

these are the same noises the Kerry camp made when the rest of us asked what they were going to do about vote rigging and voter intimidation.

We waited.

they did nothing.

[DanCa]

22. I am keeping my fingers crossed (nt)

[coldiggs]

24. I think they have already seen enough to know that a filibuster is the thi

ng to do.

[Coexist]

25. I hope so.

There is nothing left to hold on to it for.

[shance]

26. I called his office this morning and said filibuster is the only option.

n/t

[wryter2000]

28. Awwww-right!

Please, please, oh please!

I do wish he wouldn't count Jeffords as a Democrat. He's been a great ally, but we should respect his independence. Still, that's a teeny quibble.

:woohoo:

[jsamuel]

30. Keep working hard!

STOP ALITO!

[savemefromdumbya]

32. We haven't had a nice filibuster for awhile - don't you just feel like

having one?

[truebrit71]

33. I e-mailed him and Sen Obama and URGED them to Filibuster....

...d'ya think he's listening?

IT'S NOT TOO LATE FOLKS!!!

[debbierlus]

34. BRAVO, EVERYONE - KEEP IT UP!!!

SAY NO TO DEFEATISM....WE CAN DO IT!!!

No complaining about the democrats doing the wrong thing...IF that happens, we can deal with it then....

Make the pressure relentless....Everyone vow to get five more people on board to call and fax their senators.

THANKS!

[madokie]

36. You gotta love Sen Durbin, always so poised, laid back

and thoughtful. Damn I wish we here in Ok could have a senator of his caliber

[debbierlus]

38. I called the Randi Rhodes show

I told them to home page Savethecourts.org.

And, I told them about this...told them to pass on the dems on responding to the pressure....

We can do this!!!!

FIGHT - FIGHT - FIGHT!

[Radio_Lady]

48. Debbierlus: The correct link is savethecourt.org

No final "s" in that link.

http://www.savethecourt.org

[jzodda]

41. I Think hes full of you know what...

As much as I would love to be proved wrong I just think hes trying to cover up his political ass, or not getting straight answers from some dem senators. I think he wants everybody to know how "hard" he tried to deep six this guy, and thats what he will say when the vote goes through to approve the guy.

I think the Dems are too scared to do it, and have been too scared to stand up for a long time, hence the minority status. They should filibuster this guy, as his judicial philosophy is out there, but I do not believe the dems have the balls needed to do so.

Please Please Please...

prove me wrong for once

[Hardrada]

47. We don't know this.

[GoreDean2008]

50. Don't Think of Filibustering Alito

Just Do It!!

[Ammonium]

51. Bust'em up!

I would really love to see a filibuster play out. Expose this guy and make the media pay attention to it, hell they'll have to if the democrats hold the floor for days and days and days. We ought to!! Give'em hell like we use to and take the house floor and hold it for days, force the public(especially women and minorities) to look at this guys record and ask themselves if they really want this guy on the bench.

I say do it!

Dems with backbone...I like it :-)

[Mr_Spock]

52. I'll see it when I believe it...

I called & wrote - be interesting if anyone has the best interest of the country at heart.

[B Calm]

59. It bothers me that we have to tell our senators to vote down a fascist

corporatist, I'll believe it when I see it!

[Voltaire99]

53. Filibuster, you appeasers!

It's really the last chance for the Democrats in many progressives' eyes.

Are you listening, DLC? Filibuster, or fuck you.

[scab_picker]

54. Oregonians are pissed, even our Mormon Senator has had it.

Oregonians saw the recent SC ruling concerning the Oregon Death With Dignity Act as a wake up call. The voters of the State twice, yes twice, approved the Death With Dignity Act. Asscroft, the previous AG went after the Docs here if they Rx-ed any controlled substances for a person to check out, I mean really check out. The USSC with Scalia, Roberts and Uncle Thomas in the minority, voted that the US AG can't use the DEA restrictions against doctors just because they follow the Oregon Laws. With Alito on the bench it would have been 4 to 5 in favor of Oregon and the with the confirmation of the next A-hole that spidermonkey nominates, it would be Game Over for a State's right to regulate doctors within its boarders.

Now our Mormon Senator, Gordon Smith, has said enough already with the USSC interference with Oregon. I have e-mailed both of our Senators and encourage any Oregonians out there to do the same.

[mom cat]

61. Keep up the groundswell...it is working. Fax them all this weekend.

http://www.savethecourt.org/site/c.mwK0JbNTJrF/b.849267/k.CC39/Home.htm

[bearfan454]

63. You can count on DINO Holy Joe Lieberman to vote for Alito.

Him and former Senator Zell Miller make me want to fucking puke.

[AbbyR]

65. I have e-mailed, written, called and faxed...

and I'm very much afraid it won't do any good. But I'm still at it. I can't imagine what they are so scared of. Why on earth can't they get out there and do what they were elected to do!

[Trevelyan]

67. They are afraid - the recent NYT journalist who was murdered

David Rosenbaum had done an article on Alito and spying in the REAGAN administration and he may have been a witness in one of the Grand Juries.

I don't know how we can protect our Congresspersons and new media but we need to come up with a way. Brian Williams who was so brave after Katrina is now scared stupid as you can see and hear on the Crooks And Liars video of Brian Williams with Imus castigating Biden for his opposition to Alito then Williams couldn't remember what he was outraged about. The transcripts of this scary interview are on C & L also.

http://www.nytimes.com/2006/01/09/national/09rosenbaum.html
http://www.xymphora.blogspot.com/
To Kill An "Operation Mockingbird" . . . Where Is The Media?
http://www.watchingamerica.com/index.shtml

"More of the Rosenbaum piece can be read here (second cited chunk)
http://brilliantatbreakfast.blogspot.com/2005/12/looks-like-total-information-awareness.html
I guess 'someone' didn't appreciate light being cast on Alito's creepy 1984(heh) memo?"

[Trevelyan]

68. Sign a petition - A lot of choices easy to do - Please sign them ALL!!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=106x25890

http://www.dailykos.com/story/2006/1/18/205427/230 ==Filibuster Special

Sign a petition at < http://www.SamuelAlito.com > to help Pro-Choice Republicans remember the rights of the people who elected them: Lincoln Chafee - Arlen Specter - Susan Collins - Olympia Snowe.

http://prochoiceaction.org/campaign/sen_alito_ban_progress
http://political.moveon.org/protectourrights/
http://www.oneamericacommittee.com/
http://ga3.org/campaign/opposealito
http://www.nocrony.com
http://www.usalone.com/alito.php
http://www.congress.org/congressorg/webreturn/?url=/fmf1/issues/alert/?alertid=8355956
http://capwiz.com/afj/issues/alert/?alertid=8184341&type=CO

http://www.senate.gov/general/contact_information/senators_cfm.cfm/

Subject: 01/20/2006 - Call Senators to Oppose Alito....made easy

Subj: Urgent Phone Action: IT'S FILIBUSTER FRIDAY!!
"Gang of 14 that might FILIBUSTER the Alito nomination"
http://groups.yahoo.com/group/GangOf_14/

"Keep Justice O'Connor ON the Supreme Court"
http://groups.yahoo.com/group/KeepO_ConnorON/

"Taking it Away from the PFA and MFA...major Republican spin organization"
http://groups.yahoo.com/group/TakingItAwayfromPFAandMFA/

"The Next Supreme Court Nominees"
http://groups.yahoo.com/group/TheNextSupremeCourtNominees/

[Mr_Jefferson_24]

71. Nothing could be better...

...for the broken morale of progressives, and honest, old fashioned, true conservatives for that matter, than to upend these Constitution shredding fascists with a filibuster of Scalito. The Dems simply must find their collective spine and do this.

[lonestarnot]

72. Excellento.