Frist likely to attempt judicial filibuster ban

WASHINGTON – Senate Majority Leader Bill Frist is all but certain to press for a rule change that would ban filibusters of judicial nominations in the next few weeks, despite misgivings by some of his fellow Republicans and a possible Democratic backlash that could paralyze the chamber, close associates said Thursday.

The strategy carries significant risks for the Tennessee Republican, who is weighing a 2008 presidential bid. It could embroil the Senate in a bitter stalemate that would complicate passage of President Bush’s agenda and raise questions about Frist’s leadership. Should he fail to make the move or to get the necessary votes, however, Frist risks the ire of conservative groups that will play big roles in the 2008 GOP primaries.

Frist feels he has no acceptable options to seeking the rule change unless there is a last-minute compromise, which neither party considers plausible, according to senators and aides close to the situation. “I think it’s going to happen,” Sen. John Thune, R-S.D., said this week, although he would prefer that Frist wait to allow more legislation to pass before the Senate explodes in partisan recriminations.

Frist aides said he still hopes to offer a compromise Democrats might accept, but Democrats who have spoken with him say they would be astonished if he presents something they could go along with.

Democrats have used the filibuster to prevent confirmation votes this year for seven of President Bush’s appellate court nominees whom the Democrats say are too conservative. Filibusters can be stopped only by 60 votes in the 100-member Senate. Republicans, who hold 55 seats, say the filibusters thwart the Senate’s constitutional duty to approve or reject a president’s appointees. Democrats say the Founding Fathers wanted to empower the Senate’s minority members to slow or stop controversial legislation and nominees.

Some allies say Frist can burnish his image if he wins the judicial nominations fight.