Hatch accuses Demos of hypocrisy on Estrada

WASHINGTON — Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, accused Democrats of using "weapons of mass obstruction" — and being hypocrites — after Republicans failed to stop a filibuster Thursday against a GOP judicial nominee.

"It is tyranny of the minority and it is unfair to the nominee," Hatch said after the Senate voted 55-44 to stop a Democratic filibuster against Miguel Estrada, falling short of the 60 votes, or three-fifths majority, needed.

Only four Democrats joined the Senate's 51 Republicans in calling for a direct vote on Estrada.

Republicans plan to call for more "cloture" votes to try to stop the filibuster in coming days and weeks. A cloture is the only procedure by which the Senate can vote to place a time limit on consideration of a matter and thereby overcome a filibuster, the blocking of Senate action.

But Democrats say they are confident they have blocked Estrada from confirmation to the Circuit Court of Appeals for the District of Columbia. It is considered the second highest court in the nation.

No lower court judge has ever been blocked previously by a filibuster, although such threats were sometimes made. Hatch complained that using a filibuster now amounts to a "weapon of mass obstruction" that key Democrats themselves had denounced previously.

Hatch issued a statement with quotes from key Democrats made in previous years that denounced filibusters against judicial nominees.

Those he quoted included Democratic leader Tom Daschle, D-S.D.; Patrick Leahy, ranking Democrat on the Judiciary Committee; and key Judiciary Committee Democrats such as Ted Kennedy, D-Mass., and Dianne Feinstein, D-Calif.

Hatch said, "I just hope that I can count on each of my Democratic colleagues who made statements supporting an up-or-down vote for President Clinton's judicial nominees to join me in voting for cloture on Miguel Estrada."

Hatch added, "I hope that their remarks in the past were not merely about partisanship but about the fairness that should be extended to all judicial nominees, regardless of which president nominated them."

Democrats have opposed Estrada, complaining he has no experience as a judge and that he refused to answer questions that would have more clearly shown his philosophy on such things as abortion rights.