Bennett Doesn’t See Filibuster of Court Nominee

U.S. Sen. Bob Bennett believes Senate Democrats won’t try to filibuster President Bush’s Supreme Court nominee, whoever it is.

That’s because Democrats understand that doing so would cost the minority party its recently brokered and still controversial authority to use its right to filibuster on judicial nominations, Bennett said.

Besides that, the high court justice will be confirmed over the Democrats’ objections anyway. It’s a lose-lose game, Utah’s junior senator believes, and one most Democrat senators won’t play.

The Republican majority “will shoot the dog” — impose new rules it threatened in May that disallows altogether filibustering on judicial nominations — if Democrats were to try, Bennett, R-Utah, told the Deseret Morning News’ editorial board on Wednesday. “We have the bullets” — the votes — “to do it.”

But what about the agreement reached just weeks ago between a few moderate GOP and Democratic senators that side-stepped exactly that threat being made under the so-called “nuclear option”?

The Republican senators who are part of the “Gang of 14″ who made the deal won’t stand by and allow Bush’s Supreme Court nominee to be sunk, Bennett believes.

Who will Bush pick to replace retiring Justice Sandra Day O’Connor, who was the swing vote on a number of important decisions on the ideologically split court?

“I have no idea,” said Bennett, who as a member of Senate Republican leadership is considered an insider.

But he added: “The rumor mill says it’s Gonzalez.” That is Attorney General Alberto Gonzalez, who previously served as Bush’s White House legal counsel and was a Texas judge. Bush says he’ll announce his nominee within a few weeks.

Already, special interest groups are coming out in favor and opposing Gonzalez. Several conservative groups oppose his appointment, saying Gonzalez is not strongly anti-abortion and doesn’t oppose affirmative action laws as true conservatives should.

Bennett said Bush, in his second term and unable to run for president again, has shown he is not shy of criticism and willing to make decisions opposed by those on the right or left.

The agreement made by the moderate GOP and Democratic senators over judicial nominations includes language saying Democrats won’t filibuster a federal court nominee unless there are “extraordinary circumstances.”

The GOP leader of the so-called Gang of 14 — Sen. John McCain, R- Ariz. — was asked if previous Bush nominee Priscella Owen presented an “extraordinary circumstance.”

No, McCain said he’d vote for that kind of a nominee, Bennett recalled. Same thing for Bush nominee Miguel Estrada — not an “extraordinary circumstance.”

Remember, Bennett said, the “nuclear option” only applied to federal court nominees. Filibustering any proposed law or presidential appointments to non-judicial posts such as the controversial nomination of John Bolton to be U.N. ambassador, is still allowed.

On other matters, Bennett said he is about to introduce his Bush- endorsed bill addressing impending insolvency in Social Security.

Bennett is looking for one Democrat co-sponsor, believing if he can get one, a half dozen “other olives will tumble out of the bottle” and enough support to pass it in the Senate. “But who knows what will happen,” he added.

Finally, Bennett said American soldiers can’t ensure a successful result in Iraq, but the people of Iraq can.

On one side is “a win,” which he defines as a secure Iraqi government that can control its own borders and security within the country.

On the other side lies civil war, a Taliban-like religious government and an oil-rich nation that could “provide all the revenue the terrorists could need.” The stakes are great, Bennett said.

A secure, democratic Iraq between Syria and Iran “would change the region, and thus change the world.”

But the United States can’t win the war against terrorist within Iraq. “Only the Iraqis can do that,” Bennett said. And success toward that end is being made, he added, noting Americans wouldn’t know that from reading and watching most of the American presses’ reports on the country, he added.

E-mail: bbjr@desnews.com