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Friday, March 07, 2003, 12:00 a.m. Pacific

From: http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=estradaout07&date=20030307

GOP fails to quash filibuster; local group backs Estrada nomination

By Helen Dewar
The Washington Post

WASHINGTON — Republicans failed yesterday in an initial attempt to break the monthlong Democratic filibuster blocking a vote on the hotly contested judicial nomination of Miguel Estrada but vowed to continue pressing for confirmation, even as they moved on to other business.

The vote was 55-44 in favor of limiting debate, five votes short of the 60 needed to end the filibuster and force a final vote on Estrada's nomination to the U.S. Court of Appeals for the District of Columbia.

As expected, four Democrats joined all 51 Republicans in voting to end the filibuster. Sens. Patty Murray and Maria Cantwell, D-Wash., voted against ending debate.

Republicans may call for another vote to end the Estrada filibuster next week but do not plan to go back to full-time debate over the nomination.

In Seattle, about 40 people protested the action with signs and a candlelight vigil during the afternoon rush hour in front of the Federal Building, at Second Avenue and Madison Street.

The protest was organized by state Republican groups.

Marta Guevara, a Hispanic activist, said she has reared her children and grandchildren to believe that they can achieve anything if they work hard.

"That's what (Estrada) did," she said of the 41-year-old Honduran-born, Harvard-educated lawyer. "And to have that shot down by politics just breaks my heart."

Pedro Celis, chairman of the Washington Republican National Hispanic Assembly, said the Senate should not be wasting time playing politics.

"Let it come to the floor for a vote," Celis said. "If he's not qualified, then vote him down."

While the outcome was no surprise, the vote served to put senators on record for the first time on the issue. It also could prove to be a pivotal point in what amounts to an unprecedented struggle for a second-tier judgeship that both parties are treating as a warm-up exercise for a possible fight over a Supreme Court nomination later in the Bush presidency.

But it was not clear whether it would lead to anything more than a protracted stalemate that would keep Estrada from the bench indefinitely. Democrats appear to remain just as determined to block the nomination until they obtain more information about Estrada and his views as Republicans are to pursue a confirmation vote, regardless of how long it takes.

"If needed, we will vote on cloture (the procedure for limiting debate), again and again ... until Miguel Estrada is confirmed," Majority Leader Bill Frist, R-Tenn., told the Senate before the vote.

Republicans also were considering asking Estrada to appear before the Senate Judiciary Committee to answer a new round of questions, a move that could satisfy enough Democrats to break the partisan impasse.

Describing the problem as "intransigence" on the part of Estrada and the administration, Minority Leader Tom Daschle, D-S.D., said of the nominee: "He has been asked to fill out a job application, and he is refusing to fill out the final pages of that application."

Estrada never has served as a judge, and his legal writings are sparse.

Democrats, some of whom have said Estrada is afraid to share his views, say they will continue to filibuster until he and the administration provide more information about his views on legal principles, including memoranda he wrote while working in the Solicitor General's office.

"With so little information to determine how Mr. Estrada will rule as a federal judge on important matters of labor rights, rights of privacy, civil rights and environmental regulation, I cannot consent to considering his nomination at this time," said Murray, Washington's senior senator.

Cantwell agreed.

"I think most people understand if you take a test, and don't answer the questions, you can't pass," she said. "If you come before the Senate Judiciary Committee and fail to answer the questions, you shouldn't be confirmed."

Republicans, describing Estrada as eminently qualified for the bench, contend that the Senate has as much information about him as it has had about other nominees that it routinely has confirmed. In response to Democrats' charges that the administration is trying to pack the courts with conservatives, Republicans accuse Democrats of applying "litmus tests" on abortion and other issues.

As indicated by earlier counts, the only Democrats who voted to proceed with a vote on Estrada were John Breaux of Louisiana; Zell Miller (Georgia); Bill Nelson (Florida); and Ben Nelson (Nebraska). Sen. Bob Graham (Florida), who is recovering from heart surgery remained in Florida.

Information from Knight Ridder Newspapers and Seattle Times staff reporter Michael Ko is included in this report.

Copyright © 2003 The Seattle Times Company

 

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