Reid delivers ultimatum on judicial nominations

Benjamin Grove

Wednesday, March 16, 2005 | 11:14 a.m.

WASHINGTON -- Senate Minority Leader Harry Reid, D-Nev., on Tuesday issued a fiery ultimatum to Republican leaders: Abandon a threat to adopt new rules to block Democratic opposition to judicial nominees -- or risk a virtual Senate shutdown.

Democrats would be reluctant to cooperate "even on routine matters" if Republicans invoke the so-called "nuclear option," Reid wrote in a letter to Republican Leader Bill Frist, R-Tenn. The maneuver would allow Republicans to block Democratic filibusters and move ahead to a vote on President Bush's most controversial judicial nominees.

If Republicans exercise that option, "the majority should not expect to receive cooperation from the minority in the conduct of Senate business," except on the issues of U.S. troops and federal government operations, Reid wrote.

Frist issued a prompt response: "To shut down the Senate would be irresponsible and partisan. The solution is simple: return to 200 years of tradition and allow up or down votes on judges."

Republican National Committee Chairman Ken Mehlman said, "American's schools, health care, retirement security and other priorities should not be held hostage to an irresponsible Senate shutdown."

Reid descended the steps of the Capitol to meet the media on Tuesday afternoon flanked by most of the Senate's 44 Democrats, in an unusual press conference to announce his action.

Invoking historical references ranging from Benjamin Franklin to Lyndon Johnson, Reid sought to make the case that Republicans were preparing for an historic and "arrogant abuse of power." Republicans aim to remove the federal system of separation of powers just to clear the way for Bush nominees, Reid said.

"Our Constitution provides for checks and balances so that no one person in power -- so that no one political party -- can hold total control over the course of our nation," Reid said.

Judicial nominees require Senate approval to their lifetime appointments, and Republican leaders were irked that Democrats blocked 10 nominees last year. Bush this year renominated some of the judges, although Reid has said Democrats would block them again.

Reid routinely notes that the Senate approved 204 Bush-nominated judges last year.

"The fact is that this president has a better record of having his judicial nominees approved than any president in the past 25 years," Reid said.

Reid was responding to growing Democratic concern that GOP leaders may soon use the "nuclear option" to block a Democratic filibuster. Under current rules, 60 senators are needed to call for a vote on a nominee, but Senate Republicans number just 55.

Both parties have used the filibuster when they were in the minority. Changing the rules to block filibusters would set a damaging precedent, Reid said.

"There is a better way," Reid wrote to Frist. "Working together, I believe we can discharge the Senate's constitutional duty to consider judicial nominees in a fair and sensible manner."

Reid vowed that if Republicans drop the nuclear option threat that Democrats would "exercise our procedural rights in a responsible fashion, cognizant of the president's prerogatives."