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Republicans Cautious On U.S. Supreme Court Filibuster But Won't Rule It Out
With no SCOTUS nominee to scrutinize, Republicans were on the defensive Sunday over the possible use of a filibuster against President Barack Obama’s upcoming Supreme Court pick – saying they wouldn’t go nuclear unless they really, really had to.
Sen. Jeff Sessions (R-Ala.), ranking member of the Judiciary Committee, didn't rule out using the filibuster during an appearance on NBC’s “Meet the Press," saying he would require Democrats to muster 60 votes only if the White House tapped someone like Goodwin Liu, a liberal nominated for the U.S. Court of Appeals for the Ninth Circuit.
Will there be "a big fight?" host David Gregory asked?
"The answer to that is in the president's hands," said Sessions. "If we have a nominee that evidences a philosophy of judges know best... then we are going to have a big fight about that because the American people don't want that."
Sessions added that "every power should be utilized to protect the Constitution" if Obama chose a nominee "outside the mainstream."
Judiciary Committee Chairman Pat Leahy (D-Vt.), who laid down a marker on Friday for a quick nomination and confirmation, kept his foot on the accelerator, telling Gregory he wanted "a nomination very soon so we can wrap it up this summer."
Other Republicans kept open the possibility of a filibuster, but played down the likelihood the White House would actually nominate anyone so objectionable to conservatives.
Obama’s aides have narrowed their short list down to about ten names. None of the names known to be under consideration appear to be as controversial as Liu – and an administration official told POLITICO on Friday that the goal was to tap someone who was “confirmable.”
Senate Minority Whip Jon Kyl (R-Ariz.), a key conservative on the committee, said the four most mentioned potential Obama seemed acceptable on the surface and wouldn't likely be filibustered.
Jake Tapper, host of ABC’s "This Week," asked Kyl what he thought of potential nominees Elena Kagan, Diane Wood, Merrick Garland and Janet Napolitano, who have all been listed in press accounts as potential successors to Justice John Paul Stevens, who announced his retirement on Friday.
"They are all nominally qualified," said Kyl, who voted against Sonia Sotomayor for the high court last year.
Sources: Politico, Meet The Press, MSNBC
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