On October 30, by a vote of 54 to 43, the Senate failed to invoke cloture, to stop debate and proceed to a floor vote on the nomination of Charles Pickering to the U.S. 5th Circuit Court of Appeals. Sixty votes were required to invoke cloture.
Democrats have been playing politics with Pickerings nomination ever since Bush first named him to the circuit court two years ago, (see HUMAN EVENTS, April 15, 2002 issue). Pickering would be easily confirmed if only the Senate were able to take an up-or-down vote.
This latest vote on his nomination was shrewdly planned by Republicans to occur less than one week before the November 4 Mississippi gubernatorial election.
By forcing national Democrats to play politics with the elder Pickering-a prominent, popular figure in the state for his role in state politics and his participation in forums on racial reconciliation-Republicans put Mississippis Democratic Gov. Ronnie Musgrove in an extremely uncomfortable position. Musgrove then lost re-election to Republican Haley Barbour the following week.
Independent liberal Sen. Jim Jeffords (I.-Vt.) also voted for Pickering, for unknown reasons. Speculation focuses on a possible deal with the GOP leadership and/or his personal friendship with Pickering.
A "yes" vote was a vote to invoke cloture and proceed to an up-or-down vote on conservative Judge Charles Pickerings nomination to the 5th Circuit Court of Appeals. A "no" vote was a vote against cloture and was, in effect, a vote against Pickering.
| FOR THE CLOTURE MOTION: 54 | AGAINST THE CLOTURE MOTION: 43 |
| REPUBLICANS FOR (51): Alexander Allard Allen Bennett Bond Brownback Bunning Burns Campbell Chafee Chambliss Cochran Coleman Collins Cornyn Craig Crapo DeWine Dole Domenici Ensign Enzi Fitzgerald Frist Graham (S.C.) Grassley Gregg Hagel Hatch Hutchison Inhofe Kyl Lott Lugar McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith Snowe Specter Stevens Sununu Talent Thomas Voinovich Warner DEMOCRATS FOR (2): INDEPENDENT FOR (1): |
REPUBLICANS AGAINST (0):
DEMOCRATS AGAINST (43): |
NOT VOTING: 3
| REPUBLICANS (0): | DEMOCRATS (3): |
| Edwards Kerry Nelson (Neb.) |
Likewise, on November 6, by a vote of 51 to 43, Democrats once again prevented an up-or-down vote on the nomination of William Pryor, the elected Republican attorney general of Alabama, to the 11th U.S. Circuit Court of Appeals.
In doing so, they showed their stubbornness and inability to learn a lesson from voters, who have repeatedly punished Democrats ever since they began filibustering judges in 2002.
Sixty votes were required to achieve cloture, to stop debate and proceed to a vote on the nomination for Pryor, whom Democrats oppose because he is conservative. Jeffords returned to form and voted against Pryor.
A "yes" vote was a vote to invoke cloture and proceed to a vote on the Pryor nomination. A "no" vote was a vote against cloture and was, in effect, a vote against Pryor.
| FOR THE CLOTURE MOTION: 51 | AGAINST THE CLOTURE MOTION: 43 |
| REPUBLICANS FOR (49): Alexander Allard Allen Bennett Bond Brownback Bunning Burns Chafee Chambliss Cochran Coleman Collins Cornyn Craig Crapo DeWine Dole Domenici Ensign Enzi Fitzgerald Frist Graham (S.C.) Grassley Gregg Hagel Hatch Hutchison Inhofe Kyl Lott Lugar McCain McConnell Murkowski Nickles Roberts Santorum Sessions Shelby Smith Snowe Specter Stevens Talent Thomas Voinovich Warner DEMOCRATS FOR (2): |
REPUBLICANS AGAINST (0):
DEMOCRATS AGAINST (42): INDEPENDENT AGAINST (1): |
NOT VOTING: 6
| REPUBLICANS (2): | DEMOCRATS (4): |
| Campbell Sununu |
Dayton Edwards Kerry Nelson (Neb.) |




