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Now Frist has to find 60 yes votes by Monday. Support Kerry's call to veto Alito. Email Print

Kerry's office has confirmed the Senator's intent to block Samuel Alito's nomination to SCOTUS by extending debate.

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UPDATE - The Democrats do not have to show a full 41 votes to slow this train down. The burden is on Bill Frist to round up 60 affirmative votes to proceed to confirm a nominee. The magic number is 60, not 41. Nearly all recent judicial nominees, for lower court and SCOTUS, gained this level of support, either for cloture or for the actual nomination. It is quite rare for a court nominee to prevail with less than 60 "yeas."   If some Democrats would rather abstain than vote no for cloture, then let Frist pull together a bipartisan consensus for this nominee, as many prior appointees have needed in the past.

Action Item:  Recommend constituents work on bolstering support and recruiting a member of the Gang of 14 to join in on the filibuster, such as Inouye, Pryor, and possibly Joe Lieberman (as remote as the likelihood may be for Joe L.) Salazar has already declined, as of Wednesday. A delay of this nominee is warranted at least until we find out how the President's agencies were spying on ordinary non-terrorist citizens.   (And why did the IRS last year start collecting party ID data on taxpayers?! An outrage!!)    Vote no or "present," do not vote yes for cloture.


Additionally, Judge Alito has a strikingly anti-worker record, to the point of lone dissent to deny a worker full credit earned over all the years he worked that would entitle him to a full pension benefit.

Alito's decisions are harsh and stingy on the issues of workers' rights, pension rights and safety regulation.

He is all but dismissive of working-man (or -woman) financial concerns.  The pension case is an ominous bellwether.  (The more recent concerns about unbridled presidential power, coupled with deception, makes this an extraordinary moment that may transcend even these more commonplace concerns.)

Also in dissent, Alito wrote to limit applicability of mining oversight to exempt coal refuse loading activity and sites from the reporting and supervisory rules set by MSHA.

If a President selects a nominee who can peel away no more than 2 or 3 affirmative votes from the opposing party, that is an extraordinary departure from recent successful nominees.

In these circumstances, a "No" vote is meaningless unless it is buttressed with a filibuster.

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Remember, Stephen Breyer needed to overcome 2 Republican stymieing cloture votes before he could join the 1st Circuit Court in 1980.  The first vote attempt by Democrats failed to win.  The second vote succeeded, 68-28.

-->>> Then Breyer was confirmed 80 to 10.  Let Bush select a judge who can garner bipartisan support as well.
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Call and email your senators! Join the Kerry filibuster.


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< The Truth About Alito (with Jokes) | Intelligent Deception Part II: The Denial Lobby >
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And urge them to filibuster!

Phone numbers here.

by pontificator on 01/26/2006 04:49:03 PM EST

First : Call the three Democrats (Mary Landrieu, Ken Salazar, and Dianne Feinstein) who oppose Alito but also said they oppose a filibuster. We must persuade them that a vote against Alito is meaningless if they don't support a filibuster. Senator Salazar (D-CO) 202-224-5852 Sen. Mary Landrieu (D-LA) 202-224-5824 Sen. Dianne Feinstein (D-CA) 202-224-3841

Second : Call your own Democratic Senator: 888-355-3588 or 888-818-6641. If you can't get through, look up the Senator's District Office number in your phone book or here: http://capwiz.com/pdamerica dbq/officials?lvl=C

Third : Unbelievably, three Democrats (Ben Nelson, Tim Johnson and Robert Byrd) support Alito! Tell them to either support filibuster or at least "don't get in the way." Sen. Ben Nelson (D-NE) 202-224-6551 Sen. Robert Byrd (D-WV) 202-224-3954 Sen. Tim Johnson (D-SD) 202-224-5842
888-355-3588 or 888-818-6641. If you can't get through, look up the Senator's District Office number in your phone book or here: http://capwiz.com/pdamerica dbq/officials?lvl=C

Fourth: Call the "Red State" Democrats: (Message same as above -- "No" is meaningless) Tom Carper (DE)
Kent Conrad (ND)
Byron Dorgan (ND)
Blanche Lincoln (AR) Mark Pryor (AR)

Fifth : Call these "Blue State" and pro-choice Republicans: (Message: A "Unitary Executive" is dangerous to balance of powers--please do not get in the way of a filibuster.) Lincoln Chafee (RI)
Susan Collins (ME)
Lisa Murkowsky (AK)
Bob Smith (OR)
Olympia Snowe (ME)
Ted Stevens (AK)

For extra credit, call all of the 2008 Presidential candidates who are sitting Senators--Evan Bayh, Joe Biden, Hillary Clinton, Russ Feingold, and John Kerry--and tell them to either LEAD THE FILIBUSTER or KISS YOUR SUPPORT GOODBYE. 888-355-3588 or 888-818-6641. If you can't get through, look up the Senator's District Office number in your phone book or here: http://capwiz.com/pdamerica dbq/officials?lvl=C

You can also send that message to the Democratic Senatorial Campaign Committee (202-224-2447) and the Democratic National Committee (202-863-8000).
Polls and public opinion are another way to apply pressure -- get word out about why Alito needs to be filibustered:

Write a letter to the editor of your local newspaper. (Click here)

People for the American Way has collected nearly 65,000 signatures to send to the Senate, please add yours: Save the Court Petition

John Kerry has endorsed this anti-Alito petition, signers' names will be read into the Congressional Record:http://www.johnkerry.com/.. .

by judybrowni on 01/26/2006 07:38:30 PM EST

[ Parent ]
You and Joan did an excellent double team on this!

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 01/26/2006 10:00:13 PM EST

[ Parent ]
and don't forget Pontificator -- providing the link to the senate phone #'s

by Embolden on 01/26/2006 10:02:16 PM EST

[ Parent ]
Nice to see the Cortex family working together to prevent the further scumification of our judiciary.

Warms the cockles of my heart:)

Political Cortex -- Brain Food for the Body Politic

by Tom Ball on 01/26/2006 10:04:18 PM EST

[ Parent ]

If you're worried we might be short of 41 votes, FEAR NOT!!

If we can even prevail on some of the less-than-fervent opponents of Alito (Salazar, Landrieu, ...) to vote "present" on cloture, then cloture would not succeed for awhile.

For example, the vote to move to a vote for Clinton's nominee Assistant AG Walter Dellinger failed because it had 59 votes, not 60, even though there were only 39 (Republican) nay votes to deny cloture. [The year was 1993.]

In fact, the Republican's successful filibuster of Dellinger held for 2 successive cloture votes.


The Dems had to drum up more support, and a week later Dellinger was confirmed with 65 ayes, and 34 nays because the Dems had to win over 10 GOP votes on top of their own 55 to confirm Dellinger.

The Republicans stopped filibustering Dellinger once they knew he had more than 60 votes to approve.  (I don't think they called for a 3rd cloture vote, at least I don't see it in the roll call record.) They just did not object to moving to a vote once the Dems mustered more than 60 with a whip-count.
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Links to the roll-call votes are in my May 2005 [dailykos] diary here, scroll-or-"edit-find" Dellinger for the detail.

by joan reports on 01/26/2006 05:38:30 PM EST

 to support a filibuster (Inouye and Pryor of the Gang of 14), Lieberman ??, and to abstain or vote against cloture (  -->>   Menendez of NJ, Lautenberg of NJ, Landrieu, Salazar, Byrd?).

These senators need to hear from us.

Menendez is under pressure, being from NJ and running for election in November.  Lautenberg is from Alito's home state of NJ also.

by joan reports on 01/26/2006 05:40:27 PM EST

[ Parent ]
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