Senate Filibuster: Myers Confirmation on Chopping Block

It looks like Flap, Patterico and Xrlq will win their wine bet:

This is what Flap wants Paul.

and Why?

It appears that former Interior Department Solicitor General William Myer’s nomination to the 9th Circuit Court of Appeals will be filibustered by Senate Democrats:

In that now-famous, or perhaps infamous, compromise deal by 14 U.S. senators hoping to end a quarrel over judicial filibusters, the name of former Interior Department Solicitor General William Myers (search) was excluded from an agreement not to filibuster.

For months, Republicans claimed to have the votes to confirm Myers to the 9th Circuit Court of Appeals were it not for democratic filibusters. But now he remains in judicial limbo. Detractors say it is because he lacks the necessary Washington gravitas. The American Bar Association rated him “qualified,” but supporters say that’s too lukewarm.

Two-thirds of the judges on the 9th Circuit were appointed by Democratic presidents, one-third by Republicans. GOP sources in the Senate confirm they plan to call for a vote on Myers sometime this month.

Democrats are expected to filibuster, and key senators in that compromise deal confirm that a filibuster of Myers will not trigger the “nuclear” or “constitutional” option, meaning the nominee may not get an up-or-down vote.

But, this is not the first time nor the first nominee that has had their nomination blocked by Senate Democrats.

Tuesday, July 20, 2004

Senate Democrats on Tuesday blocked a former Interior Department official who once worked for mining and cattle interests from becoming a federal appeals judge, using the debate to criticize President Bush’s environmental record.

The Senate’s majority Republicans were unable to muster the 60 votes needed for the confirmation of William Myers for the San Francisco-based 9th U.S. Circuit Court of Appeals. The final vote was 53-44, making Myers the seventh Bush judicial nominee to be stopped by Senate Democrats.

So, when will Bill Frist call him up?

Will the Gang of 7 (McCain, DeWine, Snowe, Warner, Graham, Collins Chafee who is not present) let him be blocked by filibuster? Or….

Will Frist and the President show some guts, enforce party discipline and invoke a change of Senate rules – THE NUCLEAR OPTION?