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GOP pushes for cloture vote on Estrada nomination

Other issues may eclipse judicial fight

Judicial nominee Miguel Estrada
Judicial nominee Miguel Estrada

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WASHINGTON (AP) -- Republicans decided Tuesday to force a Senate vote on ending a Democratic filibuster against Miguel Estrada, one of President Bush's prized judicial nominees.

Though Republicans apparently do not have the 60 votes needed to end the Democrats' delaying tactic, a GOP spokesman said the new strategy is intended to identify senators who might be persuaded to support Estrada's nomination to the federal appeals court.

"The purpose of this is to enter the next phase, put people on record and redouble our efforts," said Bob Stevenson, spokesman for Senate Majority Leader Bill Frist, R-Tennessee. "Once people are on record, we'll know who we might be able to speak to see who might want to talk, and at that point continue pressing the issue."

He said Republicans plan to force the Estrada filibuster vote on Thursday.

A solid Democratic bloc has refused to allow a confirmation vote on Estrada, despite three weeks of pressure from the White House, the Senate's GOP majority, conservative television and radio ads and threats of Election Day retaliation from conservative Hispanic groups. Estrada would become the first Hispanic on the U.S. Court of Appeals for the District of Columbia.

Democrats say their votes against an Estrada confirmation are solid and have been calling on Republicans to end the debate. Republicans do "not have the (60) votes to stop this filibuster," said Sen. Barbara Boxer of California.

Republicans have insisted for weeks that getting 60 Senate votes to end a filibuster on the Washington lawyer would be requiring more than the simple majority vote needed in the 100-member Senate to confirm judicial nominees. There are 51 Republicans, 48 Democrats and one independent in the Senate.

Only four Democrats have said publicly that they would vote against continuing a filibuster: Sens. Zell Miller of Georgia, Ben Nelson of Nebraska, Bill Nelson of Florida and John Breaux of Louisiana.

Although they all support Estrada, some Republicans say the Senate has to deal with other issues in March, including a bill banning a late-term abortion procedure.

"The Senate has told us that in the next two or three weeks they will pass a partial birth abortion bill," House Majority Leader Tom DeLay said.

Bush's $695 billion, 10-year tax cut plan also was introduced last week, and the Senate's version of the federal budget is likely to soon head to the floor. "We have to do the budget," said Sen. Jon Kyl, R-Arizona, one of Estrada's biggest supporters.

And then there is the war in Iraq.

"How much are we debating that?" said Sen. Robert Byrd, D-W.Virginia. "Scarce to nothing is being said on the Senate floor as we prepare to go to war in all likelihood in a foreign land."

Republicans could always delay Estrada's confirmation until later in the year, or debate Estrada and another issue at the same time, aides said. However, Republicans have no plans to move on yet.

"We're going to wait to see how this thing plays out this week. Next week, I don't know," Senate GOP caucus leader Sen. Rick Santorum of Pennsylvania said Monday.

Democrats insist they will not allow a final vote on Estrada until the Washington appellate lawyer answers more of their questions in a public hearing, or the White House releases Estrada's working papers from his time at the Justice Department solicitor general's office. Republicans have refused those requests.



Copyright 2003 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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