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History of Democrats and The Supreme Court Filibuster

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This was just released by the Senate Republican Communications Center:

The Supreme Golden Rule

The President And Leading Senate Democrats Advocated Or Engaged In An Attempted Filibuster Of Justice Alito

President Obama Is The “First US President To Have Ever Voted To Filibuster A Supreme Court Nominee.”

(“First President In US History To Have Voted To Filibuster A Supreme Court Nominee Now Hopes For Clean Process,” ABC News, 5/30/09)

THEN-SEN. BARACK OBAMA (D-IL): “Well, I Will Be Supporting The Filibuster Because I Think Judge Alito, In Fact, Is Somebody Who Is Contrary To Core American Values, Not Just Liberal Values.” (ABC’s “This Week,” 1/29/06)

ABC’s GEORGE STEPHANOPOULOS: “And My Question Then Is, Can You Filibuster On Judicial Philosophy Alone?” SEN. JOE BIDEN (D-DE): “Absolutely.” (ABC’s “This Week,” 11/6/05)

· Q: “Senator Kerry Wants A Filibuster. Do You Support The Senator’s Filibuster?” SEN. JOE BIDEN (D-DE): “If There Is Any Possibility Of Keeping The Judge Off The Bench, I Would Support That, because I don’t think he should go on the bench, because of his vast, vast expansive view of the president’s power.” (CNN’s “American Morning,” 1/27/06)

SEN. PAT LEAHY (D-VT):Filibusters Of Judicial Nominees — And, In Particular, Of Supreme Court Nominees — Are Hardly Something New.” (Sen. Leahy, “Statement Of Senator Patrick Leahy On Nomination Of Samuel A. Alito, Jr., To Be An Associate Justice Of Supreme Court Of The United States,” Press Release, 1/30/06)

SEN. HARRY REID (D-NV): “I Would Say That All The Options Are Open To Us. I Wouldn’t Take It [The Filibuster] Off The Table For Sure.” (“Selection Rekindles Sharp Debate On Filibuster,” The Boston Globe, 11/1/05)

· Q: “Would You Rule Out A Filibuster At This Point?” SEN. HARRY REID (D-NV): “No.” (Sen. Reid, Press Conference, 1/24/06)

SEN. CHUCK SCHUMER (D-NY):Nothing Is Off The Table.” “Asked whether Democrats might filibuster Alito’s nomination, New York Democrat Charles Schumer would not rule that out. Senator CHARLES SCHUMER (Democrat, New York): It’s too early to tell. Nothing is on the table, and nothing is off the table.” (NPR’s “All Things Considered, 10/31/05)

SEN. JOHN KERRY (D-MA): “I Support A Filibuster Of Judge Alito’s Nomination. Judge Alito’s Confirmation Would Be An Ideological Coup On The Supreme Court.” (Sen. Kerry, “Kerry Supports Filibuster Of Alito Nomination,” Press Release, 1/26/06)

SEN. TOM HARKIN (D-IA):I Believe Democrats Will Filibuster This Nominee On The Basis That He’s Way Too Ideologically To The Right. We Need A Moderate On The Court, Not An Avowed Right-Winger Like Him That Would Upset The Balance.” (“Senate Democrats Pick Fight Over Iraq,” The Baltimore Sun, 11/2/05)

SEN. RUSS FEINGOLD (D-WI): “I Think It’s Perfectly Fine To Use A Filibuster If Somebody Is Clearly Unacceptable. That Is An Option We Have.” (ABC News’ “This Week,” 11/27/05)

SEN. ROBERT BYRD (D-WV): “If There Is Good Reason To Filibuster An Individual, Why, Let A Senator Filibuster Him.” (Sen. Byrd, Congressional Record, S.13433, 12/12/05)

SEN. CARL LEVIN (D-MI): “Because The Filibuster Has Been A Time-Honored And Accepted Part Of The Checks And Balances On The President’s Appointment Powers, I Will Vote Against Cloture On This Nomination.” (Sen. Levin, Congressional Record, S.301, 1/30/06)

SEN. TIM JOHNSON (D-SD):I Would Leave All Those Options On The Table.” “Democratic Sen. Tim Johnson of South Dakota refused to rule out supporting a filibuster. ‘I would leave all those options on the table,’ he said.” (“Republicans Enthusiastic About Alito While Democrats Wondering Whether To Filibuster,” AP, 11/1/05)

SEN. BARBARA BOXER (D-CA): “So Although We Knew The Votes Were Not There For The Filibuster Of Judge Alito, We Felt It Was Appropriate To Use That Historic Senate Debate Tool So The American People Would Know That We Were Willing To Pursue Even A Losing Effort Because The Stakes Are So High.” (Sen. Boxer, Congressional Record, S.309, 1/30/06)

THEN-SEN. KEN SALAZAR (D-CO): “’It’s an option out there,’ he said. ‘I’m not saying whether I would be participating in one or not. I have never participated in one. I don’t want to participate in one.’” (“Democrat In ‘Gang Of 14’ Raises Doubts About Alito,” The Washington Times, 11/18/05)

24 Democrats, Including Senators Obama & Biden, Attempted To Filibuster Judge Alito.

(PN1059, Roll Call Vote # 1, Cloture Motion Agreed To 72-25: R 53-0; D 19-24; I 0-1, 1/30/06)

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SENATE REPUBLICAN COMMUNICATIONS CENTER
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