WASHINGTON — The Senate voted overwhelmingly Tuesday to end the filibuster of Texas Supreme Court Justice Priscilla R. Owen, paving the way for her confirmation to the federal appellate bench. But even as Republicans appeared to win that battle, conservatives heaped scorn on the centrist senators who had scuttled the larger fight over judicial filibusters by cutting their own deal.
Democrats and Republicans voted 81 to 18 to bring debate on Owen's nomination to an end. Her confirmation vote is scheduled for today, and the nominations of two other previously filibustered judicial candidates were placed on the calendar for coming weeks.
On the day they originally had scheduled a dramatic showdown over the filibuster -- a procedural stalling tactic that requires 60 votes to overcome -- Senate Republicans worked instead to portray the compromise by seven Democrats and seven Republicans as a positive development.
"By exposing the injustice of judicial obstruction in the last Congress, we have made progress on restoring a core constitutional principle: All judicial nominees deserve fair up-or-down votes," said Sen. Bill Frist (R-Tenn.). The majority leader had led the GOP drive to change the Senate rules to prevent Democrats from filibustering future judicial nominees. "I hope that progress continues," Frist said.
President Bush hailed the scheduled confirmation vote on Owen but did not mention the compromise agreement -- negotiated without the blessing of either party's leadership.
"Over four years ago, I put Judge Owen's name up to the Senate for confirmation to the 5th [Circuit] Court of Appeals," Bush said in a hastily scheduled photo opportunity with the Texas justice. "Thanks to the good work of the leader ... Judge Owen is finally going to get an up-or-down vote on the Senate floor."
Owen initially was nominated to the appellate court in May 2001, but was defeated in committee. Renominated in 2003, she was among 10 appellate court candidates whose confirmation votes were blocked by Democratic filibuster threats during Bush's first term. The president resubmitted seven of those nominees, including Owen, in February.
Democrats have blamed the president's decision to renominate controversial judges for provoking the confrontation. On Tuesday, Senate Democrats called on Bush to take a more conciliatory approach.
