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GOP Polling Shows Little Support for Plan to Stop Democrats From Blocking Judicial Nominations DAVID ESPO Associated Press Write


Published: Apr 21, 2005

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WASHINGTON (AP) - Private Republican polling shows scant support for a plan to stop minority Democrats from blocking judicial nominees, officials said Thursday, as two of President Bush's most controversial appointments advanced toward a possible Senate confrontation.

These officials, speaking on condition of anonymity, said a recent survey taken for Senate Republicans showed 37 percent support for the GOP plan to deny Democrats the ability to filibuster judicial nominees, while 51 percent oppose.

Additionally, the survey indicated only about 20 percent of Americans believe the Republican statement that Bush is the first president in history whose court appointees have been subjected to a filibuster, a tactic in which opponents can prevent a vote unless supporters gain 60 votes. The officials spoke on condition of anonymity, noting the survey data has not been made public.

Coincidentally, the polling was presented to GOP aides a few hours after the Senate Judiciary Committee voted along party lines to send the nominations of Texas judge Priscilla Owen and California judge Janice Rogers Brown to the full Senate for confirmation. Bush picked Owen for the 5th U.S. Circuit Court of Appeals in New Orleans and Brown for the U.S. Circuit Court of Appeals in the District of Columbia.

Democrats filibustered the nominations in 2003, preventing a final vote on both. Bush resubmitted the names when the new Congress convened following last fall's elections.

Conservatives have signaled they hope Majority Leader Bill Frist will use either Brown or Owen - or both - as the trigger for a confrontation with Democrats.

"We have now the vehicle. We have two qualified women. They have met every test," said Sen. Kay Bailey Hutchison, R-Texas.

Republicans are "doing this as a prelude to setting up the greatest constitutional crisis that the Senate has faced," said Sen. Charles Schumer, D-N.Y.

Republicans have sent mixed signals in recent days about their plans for forcing a confrontation, and it was not clear how the polling data would affect their plans.

Several officials who attended the polling briefing said the survey contained encouraging news for Republicans. The poll found more than 80 percent of those surveyed believed all judicial nominees deserve a yes-or-not vote. Additionally, a majority believed Democrats were acting out of partisanship in blocking Bush's appointees, rather than attempting to protect minority rights.

Republican strategists concede their efforts to swing public opinion behind their move suffered in the wake of congressional intervention in the case of Terri Schiavo, the brain-damaged woman in Florida who was being kept alive with a feeding tube. The survey suggested the GOP faces a challenge if it hopes to gain significant public support before moving ahead on banning judicial filibusters.

AP-ES-04-21-05 2055EDT



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