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Nelson Open To Filibustering Obama Court Nominee (VIDEO)

First Posted: 06/24/09 06:12 AM ET Updated: 05/25/11 02:25 PM ET

President Obama said on Saturday that a Supreme Court nominee is coming soon, but Republicans in the Senate have spent weeks working to frame the type of judicial resume that would be unacceptable on the bench. On Sunday, the GOP got what could be a bit of a boost, as a key moderate Democrat left the door open to filibustering a possible Obama Court nominee.

Appearing on Fox News Sunday, Sen. Ben Nelson warned the president against appointing an activist judge to replace the retiring David Souter. In the process, the Nebraska Democrat acknowledged that the scenario could present itself where he joined the GOP in voting against cloture.

"I think that's the test, will they be an activist or not?" Nelson said. "And I would hope that there wouldn't be any circumstances that would be so extreme with any of the president's nominees that the other side would feel the need to filibuster or that I might feel the need to filibuster in the case of extraordinary circumstances."

Watch:

One of the key negotiators behind the "Gang of 14" compromise in 2005 that preserved the use of the filibuster and allowed several Bush nominees to go to a vote, Nelson is a veteran participant in the high-drama of judicial nominations.

Earlier in the interview, he said that as the "author of the words 'extraordinary circumstances'" - the phrase that, per the 205 compromise, now serves as a the basis of the filibuster attempt - "I do understand that there could be certain circumstances where you might vote against somebody on the filibuster."


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President Obama said on Saturday that a Supreme Court nominee is coming soon, but Republicans in the Senate have spent weeks working to frame the type of judicial resume that would be unacceptable on ...
President Obama said on Saturday that a Supreme Court nominee is coming soon, but Republicans in the Senate have spent weeks working to frame the type of judicial resume that would be unacceptable on ...
 
 
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HUFFPOST SUPER USER
bknott
My Micro-bio is "empty".
03:06 PM on 05/26/2009
Hello from Nebraska. God, I wish Nelson would retire. The only reason that he is a Democrat is so he can get print space by publicly joining the Republicans. Kind of like the McCain for our side. Unfortunately, there isn't much chance that a Democrat would be elected to replace him.
JohnnieBravo
MN Dem in Bachman district. Lives by "exact words"
10:13 AM on 05/26/2009
When is this tired looking old man going to retire. His whole view is slated in the mid 20th century. He needs to go quietly into the night. His views are more conservative than liberal, and he seems to wear that as a badge of honor. BUT, nobody's watching.

Chuck Hagel at least had some real life experiences and did not see things the way this old man Nelson does.
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HUFFPOST SUPER USER
Tunghoy
My other car is a TARDIS
09:13 AM on 05/26/2009
Nelson votes with the right wing and now wants to filibuster with the right wing. Having different opinions in the party is OK, but how is Nelson any different from having a Republican in that seat?

I would contribute to a progressive primary challenger. Nelson isn't up until 2013, but that gives a challenger a few years to raise money and apply pressure.
RTIII
Poster of over 0.0135% of all HufPost comments
08:58 AM on 05/26/2009
Nelson is a clear example of DINO - Democrat In Name Only; he's an R in D clothing.
.
08:36 AM on 05/26/2009
Sotomayor will be the pick - you heard it here first - she's latino and female but is she part asian and a lesbian?
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HUFFPOST SUPER USER
thedirtman
...already have a job, thanks
09:19 AM on 05/26/2009
You mean latina.
This user has chosen to opt out of the Badges program
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05:06 AM on 05/26/2009
SNAKE !
~
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HUFFPOST SUPER USER
FreelanceMinion
While the minion enjoyed his brief time in SOuther
11:17 PM on 05/25/2009
He has the typical Dem in a conservative state attitude--he thinks that to be elected he has to out-right the Republicans of the state. Remember that as our our other senator, Chuck Hagel, was out blasting the Bush administration on Iraq, Nelson was voting in line with Bush's desires. Instead of explaining why a progressive way would be better for average people he promises to be a conservative even though he is a Democrat. The idea that the GOP in the state would put up someone crazier has kept us from nominating someone better, but if he filibusters against a president who the state party OVERWHELMINGLY voted for, he'll need to update his resume.
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ReealOne
Don't sweat the small Stuff, life is way too short
01:20 AM on 05/26/2009
Exactly!!!
09:11 PM on 05/25/2009
i am not the least bit surprised.

hes a senator from nebraska. its not like he has anything better to do.

list of things to do in NE:
shuck corn
slam a sixer
shuck corn
drag race
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HUFFPOST SUPER USER
FreelanceMinion
While the minion enjoyed his brief time in SOuther
11:24 PM on 05/25/2009
Well great, please spread that attitude around so that more rural states will assume progressives hate them from the get-go. Then we can go back to only winning a few heavily urbanized core areas and be a permanent minority, YEAH!

There's been some great, progressive politicians from rural states and Nebraska specifically. Nelson will NOT be remembered as one of them.
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ReealOne
Don't sweat the small Stuff, life is way too short
06:38 PM on 05/25/2009
"And I would hope that there wouldn't be any circumstances that would be so extreme with any of the president's nominees that the other side would feel the need to filibuster or that I might feel the need to filibuster in the case of extraordinary circumstances."

Well, Mr. Ben Nelson........ you leave the door open for filibuster, AGAINST YOUR OWN PARTY, and we SLAM the door shut in your face come re-election time...... Pure and simple.

Is that clear or do you have any questions?
09:17 PM on 05/25/2009
i am with you 10000% about letting this guy out the door

BUT

i think i saw somebody from NE on here talking about how his approval rating is hovering around 70 percent? he obviously has a lot of conservative/republican support in his state so even if a majority of the dems in nebraska were to try to oust him it wouldn't be enough because of his bipartisan support.

also, a part of me feels like the last thing the democratic party wants to do is become like their counterparts and start purging our party just so looks purer in the eyes of the constituents. WE are the REAL big tent party. lets keep it that way for a long time going forward.
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ReealOne
Don't sweat the small Stuff, life is way too short
01:18 AM on 05/26/2009
NO ONE advocating "ousting" him from his the party. We DO NOT want anyone working to sabotage the party from the inside..... and that's all Ben Nelson seems to do. We need to keep our representatives accountable, and the ONLY way we have to do that is with out votes. It's naive to think that "big tent" means that we should be OK with our representatives doing everything possible to work against us.

I still say call or write Mr. Ben Nelson to let him know that we're not happy with his conduct and actions. HOLD HIM ACCOUNTABLE!!!!
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ReealOne
Don't sweat the small Stuff, life is way too short
06:34 PM on 05/25/2009
Ben Nelson has lost his mind, and has become drunk with power. Pure and simple.

What Ben Nelson don't understand is that we didn't give the DEMS the power majority so that they could run around, calling press conferences and threatening a filibuster his own party and Pres. Obama's agenda, so that he could LOOK important and relevant.

Rham or some of the other DEM congress folks in Washintong had best speak with Mr. Ben Nelson, and let him know that we're not at all happy to see his howdy-doody face plastered all over TV, (this is the 2nd time this month) looking like a crazed grinning cheshire cat with a mic stuck in his mouth talking his nonsense about filibustering his own party. Let him know that we're keeping notes and taking names, and he'll be remembered come re-election time. AND THAT GOES DOUBLE FOR HARRY REID.

ENOUGH OF BEN NELSON'S BS. EVERYONE NEEDS TO START A LETTER WRITING AND CALLING CAMPAIGN TO MR. BEN NELSON'S OFFICE AND LET HIM KNOW THAT WE'RE TIRED OF HIS BS. He can be contacted at http://bennelson.senate.gov/contact/
06:04 PM on 05/25/2009
Dems need to ditch this guy.
03:49 PM on 05/25/2009
I just hope Obama is sensible in his nomination, I really want a women to be chosen, but sorry "Not A White Women", that is not true diversity, another white women is just another white person, what we need is diversity that represent not only race and ethnicity but experiences of modern America,

How does putting a white women on the bench diversity? It is not!

Can she relate to the struggles and perspectives of people of color in this country, "NO" she cant!

Sorry, but what we need is a person of color on the bench and if it's a women even better!

To nominate another white person even if it's a women, along with the other 8 white judges already on the bench and call it "diversity" is INSANE.
03:46 PM on 05/25/2009
Nebraskans really need to get this guy out of office. He also sided with the banks on the bankruptcy bill; he obviously cares nothing about ordinary working Americans. We told them what we wanted when we voted Obama in, but num-nuts like Nelson just won't listen. I'm donating money to his opponent in the next election.
10:17 PM on 05/25/2009
Good luck with that, his term doesn't expire till 2013...

And btw, I live in Nebraska. You had better donate to his PRIMARY opponent, like me, because he is going to run away with the general election.
HUFFPOST PUNDIT
Durango
02:16 PM on 05/25/2009
Just goes to show Republicans do not have a lock on the stupidity that has permeated our our politics lately.

So Nelson is ready to filibuster a Supreme Court Nominee whom he has no idea who it will be?

Utter and complete ignorance.

Why would he make any such statement at this time. There will be plenty of time to object to the nominees after you might have reason to object.

P.S. Anyone read the New Yorker piece on Roberts?

Talk about an activist judge!
HUFFPOST COMMUNITY MODERATOR
jwredd
04:30 PM on 05/25/2009
You're right about Roberts and all of these bozos should have to explain exactly what the term "activist judge" means to them if they are going to use it. I have a feeling they mean any judge who veers from their own philosophies or doesn't advance their party's agenda, regardless of the constitution and legal precedent.
HUFFPOST SUPER USER
starlady7
01:17 PM on 05/25/2009
The republicans are stoated up to fight Any nominee. They say they don't want a "radical liberal", but they are fine with the radical conservatives that are on the Supreme Court now. If we have far right conservatives, why not have a liberal for balance??? We need more fair minded and open minded people to ajudicate for our nation! It seems that anyone who disagrees with these ultra conservatives is "radical". Nelson needs to switch parties if he lines up with the republican philosophy all the time. He is being a road block to progressing this nation beyond the damage that the neo-cons and religious fundalmentalists have done!!!!