Phase Two: Next, order a cloture vote for the second time on Alabama State Attorney General William Pryor for the 11th Circuit in Atlanta. Claims by opponents that Pryor's "deeply held beliefs" taint him for the court have produced accusations of anti-Catholicism.
Phase Three: Vote on three female nominees. Attempts to get cloture on Texas Supreme Court Justice Priscilla Owen's nomination for the 5th Circuit has failed three times. California Superior Court Judge Carolyn Kuhl's two-year-old nomination for the 9th Circuit in San Francisco is coming to the Senate floor for the first time. Just released by the Judiciary Committee and already threatened with a filibuster is California Supreme Court Justice Janice Rogers Brown, an African-American.
Failure to reach 60 votes for cloture on each of these three women is scheduled to be followed by consideration of the bill co-sponsored by Frist and conservative Democratic Sen. Zell Miller of Georgia. That measure would reduce the number of votes needed to end filibusters on nominations. That, too, will be filibustered in order to defeat it.
All this refocusing is intended to set the scene for a bitter battle in next year's session of Congress. At that time, an effort may be made to rule out of order a filibuster against judicial nominations -- the "so-called" nuclear solution. This would require only 51 votes, but Frist does not even have that many today because of reluctance to tamper with the traditions of the Senate.
Whether or not Bill Frist's offensive eventually places any of these well-qualified judges on the bench, it will sound a stentorian refusal to surrender. That means a Republican president and a Republican-controlled Senate have not acquiesced in letting Ted Kennedy determine the membership of the federal judiciary. The battle resumes today.