Specter: Nuclear Option Would Put Senate 'in Turmoil' -- GOPUSA

Specter: Nuclear Option Would Put Senate 'in Turmoil'
By Jeff Johnson
CNSNews.com Senior Staff Writer
February 25, 2005

(CNSNews.com) -- The new chairman of the Senate Judiciary Committee said Thursday that changing the Senate rules to overcome unprecedented filibusters against judicial nominees would create "turmoil" and "bedlam."

"If we have the nuclear option, the Senate will be in turmoil and the Judiciary Committee will be hell," Specter (R-Pa.) told reporters at a Capitol Hill press conference.

Specter said he does not know whether the Republican leadership has 51 guaranteed votes to pass the necessary rules change that would exempt judicial nominations from filibusters, and he hopes he never finds out.

"I prefer not to come to that bridge. I'm certainly not going to jump off of the bridge until I come to it," Specter said. "I'm going to exercise every last ounce of my energy to solve this problem without the nuclear option."

Quoting the Senate minority leader, Specter seemed to be trying to persuade his fellow Republicans against "going nuclear."

"Senator (Harry) Reid (D-Nev.) has said in un-artful terms -- these are not my words these are his -- that if the nuclear option is tried and succeeds, he'll 'screw things up,'" Specter recalled. "It only takes one senator to throw a monkey-wrench into the entire Senate. If you have the Democratic leader who's going to 'screw things up,' I think it would likely be bedlam in the Senate."

Although Specter said he has "not made a decision" about whether he would support the nuclear option if it came to the Senate floor, he expressed determination to see the president's nominees considered by the full Senate.

"I have a commitment to the president to give these nominees prompt hearings and to move promptly to get them out of committee and we will do that," Specter said. "When it comes to the floor, as you all know, it is another matter."

Hearings will begin March 1 with consideration of William Myers for a seat on the Ninth U.S. Circuit Court of Appeals.

"Senator Schumer has made the public comment that there ought to be balance on all of the circuits. The Ninth Circuit is a very liberal circuit," Specter said. "I think that William Myers would give some balance to the Ninth Circuit."

Asked if the same principle of balance should apply to the consideration of any potential Supreme Court nominee, Specter responded, "I re-read the Constitution again yesterday and I'm going to defer to the president on that subject."

The Ninth Circuit holds the distinction of being the most reversed court in the federal judiciary. More of its judges' opinions are overturned by the Supreme Court than those in any other circuit. Myers is currently the solicitor for the Interior Department. His law degree is from the University of Denver, College of Law and he has worked for both the Justice and Energy departments.

A March 3 hearing has been scheduled on the nomination of Terrence Boyle to the Fourth U.S. Circuit Court of Appeals along with two district court nominees. Boyle is the chief judge of the U.S. District Court for the Eastern District of North Carolina. He earned his law degree from American University and began his legal career in the U.S. House as minority counsel to the Housing, Banking and Currency Subcommittee. Boyle has filled in on the Fourth Circuit bench "numerous times" and, according to his biography has issued more than 20 opinions for that court.

Specter's health vs. the Judiciary Committee's schedule

Specter, who is 75 years old, announced last week that he has Hodgkin's Disease, a cancer of the lymph system. Asked if he could handle both the potential battles that lie ahead over judicial nominees and treatment for his illness, Specter referred to his physician.

"Dr. John Glick, who's one of the foremost oncologists in the country," Specter said, "says that when I take these treatments on a Friday afternoon and rest over the weekend, then I can come back to work on Monday."

Specter said he received a treatment on Feb. 18 and came back to work after the President's Day holiday Monday.

"I have a lot of stamina and Dr. Glick thinks that being in shape from my daily squash routine is going to help me," Specter said. "I expect to be able to do the job."

Recounting a previous political experience, Specter used his sense of humor to put the disease in perspective. "You should have been with me to face the Warren Commission on the single bullet theory if you wanted to face a tough issue."

Specter gained fame for originating the idea that a lone gunman on Nov. 22, 1963 fired a single bullet that wounded both President John F. Kennedy and Texas Governor John Connally, before firing another shot that killed Kennedy. The theory has been ridiculed by some for contradicting the laws of physics. Specter argues that it has been proven beyond a reasonable doubt.

The senator will receive chemotherapy every other week for six to eight months to treat his Hodkin's Disease. Glick described Specter last week as having "an excellent chance of being completely cured."