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Senate Republicans Fail to Halt Filibuster, Disappoint Pres. Bush

By Janet Hook

Senate Republicans on Thursday failed to break a filibuster blocking the nomination of a Latino lawyer to one of the nation’s most powerful federal courts, a setback for President Bush’s efforts to leave a conservative stamp on the judicial system.

In a showdown roll call, the Republicans fell five votes short of the 60 they needed to cut off the Senate’s month-long debate and move to a final vote on Miguel Estrada’s nomination to the U.S. Court of Appeals for the District of Columbia.

President Bush called the vote a “disgrace” and refused to concede defeat. “I will stand by Miguel Estrada’s side until he is sworn in as a judge,” Bush said.

The vote was the first major faceoff between Bush and Senate Democrats since Republicans took control of the chamber this year. It showed that even as Bush confronts the momentous decision about whether to go to war with Iraq, Democrats are in no mood to cooperate with him on issues closer to home.

Estrada’s nomination also has become a cause celebre among liberal and conservative activists, increasing the pressure on Democratic and Republican Senate leaders to lock horns over the issue. The activists view the Estrada nomination as a trial run for a future fight: a possible vacancy on the U.S. Supreme Court.

Adding to the stakes, Republicans have sought to turn the battle over Estrada, 41, into a proxy war for the political loyalty of Latino voters, whom Bush has made a point of courting.

Senate GOP leaders vowed to try again to overcome the filibuster and force an up-or-down vote on Estrada’s nomination, which requires only a simply majority for approval. In the meantime, they hope to gain political favor among Latinos by showcasing their support -- and the Democratic effort to block -- a nominee who would become the first Latino on the court that is considered second only in importance to the Supreme Court.

“The fight for justice has just begun,” said Senate Majority Leader Bill Frist, R-Tenn., who may schedule another vote to break the filibuster as early as next week.

Democrats, who complain that Estrada was not sufficiently forthcoming at his confirmation hearing, said the outcome will not change unless their demands for more documents and information about his legal views are met.

“No one should have a lifetime appointment as a gift because he stonewalled the United States Senate,” said Sen. Patrick J. Leahy, D-Vt.

The vote cleared the way for the Senate to turn to other matters, including a bill to ban so-called “partial birth” abortions. That measure, a priority for social conservatives that has come close to becoming law in recent years, is expected to come before the Senate next week.

Thursday’s vote to cut off the Estrada filibuster was 55 to 44. Four Democrats -- John Breaux of Louisiana, Zell Miller of Georgia, Ben Nelson of Nebraska, and Bill Nelson of Florida -- joined all 51 Republicans in support of ending debate. Sen. Bob Graham, D-Fla., a presidential candidate from a state with a large Latino population, missed the vote because he is recovering from recent heart surgery. Graham would not say how he would have voted.

Thursday’s tally showed that Estrada’s confirmation is a virtual certainty if the filibuster can be overcome.