Senate Democrats edged closer yesterday to launching a filibuster of the federal
judicial nomination of Alabama Attorney General William Pryor Jr. and hit back
at critics who say their opposition is based on anti-Catholic bias.
There will be a filibuster and we will prevail, Sen. Charles Schumer
(D-N.Y.) said following a weekly luncheon meeting of Senate Democrats. I
would be surprised if there was not a filibuster.
Schumer, who sits on the Senate Judiciary Committee, added, The meeting
was very emotional. The two-by-four tactics of [our opponents] is uniting our
caucus. Ive never seen our caucus more united.
Other Democrats said that they spent most of the time at the lunch discussing
Pryors nomination to the 11th Circuit Court of Appeals in Atlanta, and
that nobody would oppose a decision to filibuster.
Meantime, Senate Majority Leader Bill Frist (R-Tenn.) scheduled cloture votes
throughout this week in an effort to allow the Senate to vote on several other
federal appeals court nominees. A cloture motion, which requires 60 votes, failed
yesterday to overcome the filibuster of Judge Priscilla Owen of Texas. The Senate
will take a cloture vote on Pryor Thursday; its failure would signal that the
filibuster has begun.
Pryors nomination has been slowed because of an ongoing investigation
into whether he lied about his fundraising activities while he led the Republican
Attorneys General Association.
The Judiciary Committee voted 10 to 9, along party lines, last Wednesday to
advance the 41-year-old Pryors nomination. All nine Democrats voted no,
under protest.
Sen. Jeff Sessions (R-Ala.), a former U.S. attorney for whom Pryor once worked,
ignited the firestorm over religion at last weeks committee vote.
Can a person with orthodox Catholic views on abortion be affirmed as
a federal judge? [Pryors nomination] raises that question, he told
The Hill yesterday.
Sen. Patrick Leahy (D-Vt.), the ranking member on the Judiciary Committee,
and Sen. Dick Durbin (D-Ill.), along with the Interfaith Alliance, a religious
group, responded to allegations yesterday from Sessions and the Committee for
Justice that they were guilty of anti-Catholic bias.
Religion is the last refuge of extremists, said Durbin, also a
Judiciary Committee member, who challenged Sessionss allegations. That
hard questions about policy is some sort of criticism about religion has no
place in the public marketplace, he said.
Sessions disagreed, saying, Bill Pryor has thought about abortion. His
decision is consistent with Catholic doctrine.
Sessions argued that because the Catholic Churchs views on abortion are
mainstream, Democrats should ask whether his personal views
are so strong that he cannot uphold the law.
Durbin, who like Leahy is Catholic, said he and Leahy would propose a rule
that a witness or nominee cannot ever be asked about their religion.
Leahys remarks were more personal. He said that nothing in his 29-year
political career had angered and upset me as much as this ... to brand
me as anti-Christian.
Leahy continued to attack the tactics employed by the Committee for Justice,
led by C. Boyden Gray, the White House counsel to the first President Bush.
The group paid for political advertisements in Rhode Island and Maine featuring
a courthouse with a sign that read, No Catholics Need Apply.
Leahy said: Partisan hate groups that are breathing life into shameful
history for short- term political gain. Its saddening and an affront to
the Senate. Injecting this religious smear is intended to chill debate on whether
Mr. Pryor can be a fair and impartial judge.
Article VI of the Constitution says that no religious test shall ever
be required as a qualification for any office or public trust under the United
States.
Episcopalian, Jewish and Baptist religious leaders attended the press conference,
along with former Rep. Robert Drinan (D-Mass.), who is a Jesuit priest.
Calling Pryor a hard charging conservative activist, Drinan said,
He is not as impartial as the lot of humanity will allow, paraphrasing
a line from the constitution of the Commonwealth of Massachusetts.