May 18, 2005

This is it:  This week, Senate Majority Leader Bill Frist activated the launch sequence on the nuclear option as he directed the Senate to take up the nomination of Priscilla Owen.  A vote on whether to change the rules governing filibusters of judicial nominations will likely come late this week or early next week

If Senator Frist succeeds, the Senate minority will no longer be able to use the filibuster to block judicial nominees, and the path will be cleared for the confirmation of all the Administration’s controversial nominees, including any future nominees to the Supreme Court. 


Take These Three Easy Steps to Protect the Courts TODAY!

• Step #1:  Call your Senators.  Please call your Senators to tell them to vote “NO” on the Nuclear Option, and to stop the confirmations of nominees like Owen and Janice Rogers Brown who are hostile to women’s rights. You can call 202-244-3121 or find their D.C. office numbers.

• Step #2:  Email your Senators.  You can use our sample email, or write your own. 
 
• Step #3:  Ask five friends to contact their Senators.  Make a personal commitment to make sure that five friends, family members, or colleagues contact their Senators as well.



Senator Frist has made clear that he intends to use two female nominees to trigger the “nuclear option,” and some of his colleagues have suggested that those who oppose these nominees are opposed to progress for women.  But what would really threaten progress to women is the confirmation of nominees like these, who are overtly hostile to women’s rights: 

• Priscilla Owen has sought to restrict women’s reproductive rights at nearly every turn during her tenure on the Texas Supreme Court, ignoring state law in doing so.  In one case, she interpreted a Texas law so incorrectly that a fellow Justice on her court – Alberto Gonzales, who is now U.S. Attorney General – called her position “an unconscionable act of judicial activism.”
• 
Janice Rogers Brown, now on the California Supreme Court, called the New Deal a “socialist revolution,” and the Washington Post described her as “one of the most unapologetically ideological nominees of either party in many years.” 

Your Senators need to hear from you and from your friends right away.  They need to know that you support an independent judiciary system that honors women’s rights.  Act now to protect the courts that will protect our future.  

  
Is your Senator on the Fence?

If you live in the following states, it is particularly important that you call and e-mail your Senators, since one or both of your Senators’ votes could make the difference:

Alaska (Senator Lisa Murkowski)
Indiana (Senator Richard Lugar)
Maine (Senator Susan Collins)
Nebraska (Senators Chuck Hagel and Ben Nelson)
New Hampshire (Senator John Sununu)
Ohio (Senator Mike DeWine)
Oregon (Senator Gordon Smith)
Pennsylvania (Senator Arlen Specter)
Rhode Island (Senator Lincoln Chafee)

Background

For over 200 years, Senators have had the power to block legislation and other action—such as votes on a judicial nominee—by engaging in unlimited debate, or “filibuster.”  Senators of both parties have used filibusters to block judicial nominees in the past.

In the last several years, Democratic Senators have confirmed over 200 of President Bush’s judicial nominees, and have filibustered 10—individuals like Janice Rogers Brown, who called the New Deal, the era that brought us Social Security and child-labor laws, “our socialist revolution,” and William Pryor, who called Roe v. Wade “the worst abomination of constitutional law in our history.”  By contrast, Republicans blocked over 60 of President Clinton’s nominees, often because just one Senator objected. 

Now Senate Majority Leader Frist has proposed to change the longstanding Senate rules to eliminate the possibility of filibusters of judicial nominees.  This is an illegitimate trick, because it would allow Senator Frist to change the rules with the agreement of just a bare majority of Senators, even though the rules themselves say a rules change requires the agreement of 67 Senators.  It is also an attack on one of the most important protections for the rights of the minority party against the tyranny of the majority.

The short-term result of the “nuclear option” would be that all of the Administrations current nominees, no matter how extreme would be confirmed.  In as little as a few months, if Chief Justice Rehnquist retires from the Supreme Court, it would mean that the President could appoint anyone he wants to the Supreme Court.  Many rights that American women hold dear, including the right to privacy and the right to equal protection of the laws, will be threatened if just one more Supreme Court justice hostile to those rights is confirmed.

For more information, see NWLC’s website on judges and judicial nominations.

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