A hands-off posture by Senate Majority Leader Harry Reid (D-Nev.) and promises from key Republicans to help smooth the way for deals on outstanding appropriations bills appear to be the right recipe for the Senate confirmation this week of controversial appellate court nominee Leslie Southwick.
Southwick’s installment to the 5th U.S. Circuit Court of Appeals is still not guaranteed, but his supporters were increasingly confident Tuesday that they had shored up enough votes to clear him through the Senate. Backers need to corral 60 votes for a critical procedural test this morning to stave off a filibuster and advance Southwick’s confirmation through the chamber.
“I think we got it,” Sen. Lindsey Graham (R-S.C.) said.
To get there, a bloc of Senators led by Minority Whip Trent Lott (R-Miss.) and Sen. Ben Nelson (D-Neb.) have been meeting for weeks to try to round up 11 Democrats to oppose a filibuster and allow for an up-or-down majority vote on Southwick’s nomination.
That Senate duo held another session on Tuesday morning, after which they expressed optimism that they had convinced enough waffling Senators to support a vote on Southwick, and in exchange, suggested that Republicans would be willing to help Democrats negotiate deals with the Bush administration over federal spending.
“The goal is to get up-or-down votes on judges,” Nelson said. “Also, it’s to set a spirit of compromise as we move through the appropriations process.”
Details were vague, but Senators and aides suggested that negotiations involve helping bring the White House to the table and avert vetoes on future appropriations bills. The deal also was designed to ensure that enough Republicans would vote with Democrats to block a possible filibuster of an omnibus spending package later this year — should Democrats decide to wrap the appropriations bills into one catchall measure.
Beyond the spending bills, Nelson and Lott appealed to Senators to keep the judicial process from falling into gridlock by supporting today’s procedural motion to bring Southwick’s confirmation to the floor for an up-or-down vote on the merits. That was the argument made in 2005 when both Nelson and Lott were involved in the creation of the bipartisan “Gang of 14,” which brokered a deal to stave off filibusters of stalled Bush administration judicial nominees except under “extraordinary circumstances.”
Those familiar with the bargaining on Southwick said Lott was at the heart of the discussions, but on Tuesday the Minority Whip offered little detail beyond acknowledging that Democratic support for Southwick likely would be returned in kind. He added that bipartisan cooperation on the confirmation could serve as the catalyst to stop the Senate from “continuing to spiral into partisan political bickering.”
“Good-faith efforts on one side begets good faith efforts on the other side,” said Lott, a home-state ally of Southwick.
Meanwhile, tepid resistance from Reid — who has long stated his public opposition to Southwick — raised questions in both parties over how ardently the Democratic leadership actually was working to filibuster the federal appeals nomination. Sources said Reid has shown a “diplomatic” approach to pressing ahead with a Southwick vote and has quietly sought to keep the rhetoric on his side to a minimum.
Vice President Joe Biden waits to conduct a mock swearing-in ceremony with Sen. Brian Schatz, D-Hawaii, in the Capitol's Old Senate Chamber, December 2, 2014. Schatz was sworn in to serve the remainder of his term since he was appointed to the seat after Sen. Daniel Inouye, D-Hawaii, passed away.