Nelson Open To Filibustering Obama Court Nominee (VIDEO)

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First Posted: 05-24-09 10:31 AM   |   Updated: 05-24-09 12:01 PM

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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 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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- marika I'm a Fan of marika 20 fans permalink

From his record Nelson seems to be "open" to almost anything.

    Favorite    Flag as abusive Posted 02:32 AM on 05/25/2009
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Nebraska must be so proud of him.

    Favorite    Flag as abusive Posted 02:14 AM on 05/25/2009
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EGADS................He is D-E-A-D from the neck up and he must be forced out of the Democratic party.

    Favorite    Flag as abusive Posted 02:03 AM on 05/25/2009
- Luvial I'm a Fan of Luvial 17 fans permalink

He IS the Democratic Party. You should be forced of the Democratic Party.

    Favorite    Flag as abusive Posted 06:35 AM on 05/25/2009
- McFlipFlop I'm a Fan of McFlipFlop 15 fans permalink
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You don't even make sense. Stop the hate.

    Favorite    Flag as abusive Posted 06:52 AM on 05/25/2009
- FogBelter I'm a Fan of FogBelter 300 fans permalink
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Three step process for Senator Nelson.

Step 1 - Identify progressive Democrat to Run Against him in the Primary.

Step 2 - Identify progressive Republican to support in primary.

Step 3 - If Nelson beats back primary challenge support progressive Republican in the primary, if progressive Republican fails to win primary ... support Republican challenger anyway and vote them out next go round.

Bottom line - Better a real Republican than a fake Democrat. Nelson has to go.

    Favorite    Flag as abusive Posted 01:37 AM on 05/25/2009
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I totally agree!!! At least you know you are dealing with a REAL Republican if you vote for them. GOD, I hate someone who claims to be one thing, but really something else. It's like having Spies in your camp.

    Favorite    Flag as abusive Posted 02:28 AM on 05/25/2009
- dzent1 I'm a Fan of dzent1 85 fans permalink
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i love it when these guys paint a great big target on their own incumbency. Nebraska, fire this a..hole and lets get on with the business of fixing what the previous a..holes destroyed.

NO MORE BUSINESS AS USUAL, SENATORS. WE ARE ANGRY AND IN A VOTING MOOD.

    Favorite    Flag as abusive Posted 01:29 AM on 05/25/2009
- cutandrun I'm a Fan of cutandrun 4 fans permalink
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cornhusking has its privileges. I just didnt realize filibustering your own party was on of them......

    Favorite    Flag as abusive Posted 01:20 AM on 05/25/2009
- max I'm a Fan of max 13 fans permalink
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he doesn't stand for anything......weak man

    Favorite    Flag as abusive Posted 01:18 AM on 05/25/2009
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He stands for the insurance companies who own him.

Omaha is the insurance capital.

    Favorite    Flag as abusive Posted 02:15 AM on 05/25/2009
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!@$^$%^*@#$%)(*!!!

    Favorite    Flag as abusive Posted 01:13 AM on 05/25/2009

Without activist judges we would still have segregated schools.

    Favorite    Flag as abusive Posted 12:59 AM on 05/25/2009
- madHenry I'm a Fan of madHenry 80 fans permalink
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Roger that! Except I would say "activist."

    Favorite    Flag as abusive Posted 01:36 AM on 05/25/2009
- rudyinbama I'm a Fan of rudyinbama 26 fans permalink

And why do you think Southern whites hate what they call "activist judges" to this day?

    Favorite    Flag as abusive Posted 02:30 AM on 05/25/2009
- madHenry I'm a Fan of madHenry 80 fans permalink
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The more I think about it, I suspect that VP Biden, Rahm E., Sec. Clinton, and others, as well as the President himself, already have sought the advice of a sufficient number of senators regarding potential nominees, and can expect their consent on one or more of the potential candidates. Mental Ben's problem, I suspect, is that no one asked his advice. He can puff himself up and bray like Mitch McConnell all he wants to, but in this endeavor, unlike the stimulus vote, Ben will ultimately prove irrelevant. I like the personal histories and capabilities of Diane Wood and Jennifer Granholm, but I hope the Pres sends up Sonia Sotomayor. Either way, the court should have another female member (2, 3 or 4 more, in fact).

    Favorite    Flag as abusive Posted 12:54 AM on 05/25/2009
- DasBoot I'm a Fan of DasBoot 28 fans permalink
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Shameful. It reminds me of how pathetic the state of the Democratic party would be without Obama.
Threatening, or even hinting at, a filibuster against your own president is a new low even for a blue dog.

    Favorite    Flag as abusive Posted 12:44 AM on 05/25/2009
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Look, we need to stop with the Blue Dog stuff. These people are from red states and are republican true to heart. Are you really moderate dems when you sound and act more like repubs. Base republicans are just wrong for the country, and to even sound or act like one is just wrong.

    Favorite    Flag as abusive Posted 02:44 AM on 05/25/2009
- springsm I'm a Fan of springsm 56 fans permalink

My gawd..Nebraska , Be Proud. If Nelson was voted out, he would not be able to get a job in the real world. It seems that if a person Obama likes, breathes, he/she is an activist. What is the matter with these people. Even Roberts, Alito, Scalia and dumbo Thomas are activists...in a different direction. Obama will pick someone who knows the Contsitution...and hopefully is one that knows that all things grow. Gawd...I am so blessed TIRED of these narcisstic entertainers in Congress.

    Favorite    Flag as abusive Posted 12:43 AM on 05/25/2009
- nomobull I'm a Fan of nomobull 56 fans permalink
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he really is that dim

    Favorite    Flag as abusive Posted 12:37 AM on 05/25/2009
- loveobamas I'm a Fan of loveobamas 88 fans permalink
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Ben Nelson=Dinosaur

He's so 19th century.
His time has passed.

    Favorite    Flag as abusive Posted 12:34 AM on 05/25/2009
- skyslimit I'm a Fan of skyslimit 5 fans permalink

The same party that wanted congress and the Supreme Court to write a constitutional amendment banning gay marriage doesn't want "activist judges?" And Obama is only allowed to pick a judge that is a liberal as the judge that George Bush 1 picked. And then this democratic senator comes along and says he will filibuster without even being given a judge to filibuster? Wow, we gave Bush 8 years, we don't even give Obama 100 days.

    Favorite    Flag as abusive Posted 12:21 AM on 05/25/2009
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