Flag debate may be superseded

Published: Tuesday, June 13, 2006 12:02 p.m. MDT
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WASHINGTON — A coalition of conservative groups wants Senate Majority Leader Bill Frist to focus Senate floor debate on pending judicial nominations during time set aside later this month for Sen. Orrin Hatch's amendment on flag desecration.

At least 100 groups signed a letter to be sent to Frist, R-Tenn.; Hatch, R-Utah; and all the Republican senators today by the Third Branch Conference, Coalitions for America, American Family Association, 60 Plus Association, the Family Research Council and a long list of others.

The groups do not oppose Hatch's proposed constitutional amendment, which would allow Congress to pass a law outlawing the physical desecration of the U.S. flag, but say a majority of conservatives would rather see the time spent on getting judges approved.

"You are planning to devote valuable Senate floor time to debating a flag-desecration constitutional amendment," according to the letter. "While most of us would support such an amendment, we believe this is a misguided use of time."

Out of 125 conservative organization leaders who responded to a survey on whether the flag-burning amendment is a priority to get done before Nov. 1, only 18 put it toward the top of the list, according to the letter. But all 18 agreed to put judges over the flag amendment when told to pick between the two.

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"We all agree that debate on judicial nominations is time better spent, and time well spent early to build up steam," according to the letter.

The letter points to 9th Circuit nominee William Myers, and 4th Circuit nominees Terrence Boyle and William Haynes as those waiting for confirmation that should be addressed.

"There's no reason why we can't consider the flag amendment along with pending judicial nominations," Hatch said. "Ultimately, the majority leader runs the floor schedule. He knows that with 60 senators publicly behind the amendment, and several more who have voted for it in the past, we're primed to bring this to the floor for a vote. But that doesn't mean we can't consider nominations as well."

The amendment had 58 co-sponsors last week, but Sen. Mary Landrieu, D-La., signed on as a co-sponsor Monday moving it up to 59, with Hatch's support making it 60. It will need 67 votes to pass.

Third Branch Conference Chairman Manuel Miranda said "time is precious" on the Senate's election-year calendar and that the flag amendment is "kind of yesterday's issue" so he would rather see the time spent on filling the vacant bench positions.

Miranda, a former Hatch aide who resigned from a position in Frist's office in 2004 amidst a scandal involving accessing Democrat computer files on judicial nominees, said this is nothing personal but that Hatch just happens to be tied to the amendment the majority of the group's members think should be put on hold — at least for now.

"These are important times and that's just the way it is," Miranda said.

Frist's office said he has not seen the letter yet but is committed to the judicial nominees and the flag amendment.

"Both issues are important," a spokeswoman said.


E-mail: suzanne@desnews.com

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