Hatch sees red over Demos' grilling

WASHINGTON — Senate Judiciary Committee Chairman Orrin Hatch declared the judicial confirmation process as broken Thursday, blaming it on "smear tactics" by Democrats as Republicans failed to break yet another filibuster against a nominee.

The Senate failed to limit debate on the nomination of Texas Supreme Court Justice Priscilla Owen to the 5th Circuit Court of Appeals, on a 52-44 vote. A three-fifths majority, or 60 votes in the 100-member Senate, is required to cut off debate.

Amid such fights, normally prim and proper Hatch even cussed during a separate nomination hearing earlier on Wednesday. He said Sen. Charles Schumer, D-N.Y., a leader of those blocking GOP nominees, was asking "dumb-ass" questions of a nominee. Hatch declined to rephrase when Schumer asked if he wanted to revise it. Hatch instead said he knew a "dumb-ass" question when he heard one.

Schumer's press secretary, Phil Singer, was quoted saying that if such language is any indication, it sounds like Hatch, who writes lyrics for religious and patriotic music, "is going to need a parental advisory notice" on his next CD.

A furious Hatch on Thursday berated Democrats in speeches on the Senate floor, saying they were attacking Owen, as they have against fellow nominee Miguel Estrada during a two-month filibuster on him, with false and distorted charges about her record.

"I think the other side of this body realizes this process is broken because they are filibustering now two of the president's nominees for the first time in history," Hatch said.

Democrats do not have enough votes to kill the nominations of Estrada and Owen outright, so they are filibustering — refusing to cut off debate and allow a vote. The Senate previously had never done that to a lower court nominee, and had done it only once before against a Supreme Court nominee.

Democrats say Owen "legislates from the bench" and appears to be pro-life on abortion, even though she vowed to enforce Roe v. Wade — the Supreme Court case allowing abortion on demand — as a lower court judge. They attacked Estrada as a conservative who failed to answer questions on his beliefs in such areas.

Republicans have tried and failed four times to break the filibuster on Estrada. Owen's nomination was originally rejected on a party-line vote in the Judiciary Committee last year when Democrats held a majority in the Senate, but when Republicans regained the majority they passed her through the committee.