While Senators McCain, Warner and Graham now have a majority of the Senate behind their proposed detainee legislation, Senate Majority Leader Bill Frist, the Billy Graham of the "up-or-down vote," has abandoned his gospel and
threatened to filibuster McCain's detainee bill.
In his
column Filibuster Reform - Furthering the Will of the American People, Senator Frist explains, "A filibuster is a tactic used to prevent a final vote on the floor of the Senate. It is a way to stall the work of the Senate and, if done successfully, prevent up-or-down votes on legislation and nominations."
On immigration reform, Senator Frist complained:
Twelve million people are living in the shadows, and I would argue that today our Democrat colleagues are living in the shadows by not standing up and addressing the problems, the challenges, the opportunities that have been identified. The minority refuses to vote. They refuse to give us simple votes, up or down votes on issues that we can debate on the floor.
On
medical liability reform, Senator Frist whined:
In the 108th Congress, I brought medical malpractice reform to the Senate floor 3 times. Each time, a minority of Senators filibustered and prevented an up or down vote.
You may also be aware of Senator Frist's condemnation of the judicial filibuster - perhaps you're familiar with the USA Today
editorial It's Time for an Up or Down Vote by Bill Frist (a personal favorite). On
separate occasions in 2005, Senator Frist even construed the "up-or-down" vote as a Constitutional mandate. In March of 2005:
We must pay respect to the Constitution of the United States of America, and that is advice and consent, and that means up-or-down votes.
In April of 2005:
My goal is to have up or down votes, fair up or down votes, and it's based on principle, it's based on the Constitution...One, at the end of the day, will be left standing. Either the Constitution... or the filibuster.
Of course, when Senator Byrd
asked in May of 2005, "Does this constitution accord to each nominee an up or down vote on the Senate floor?" Senator Frist conceded, "No, the language is not there."
Apparently, Senator Frist is a better preacher than a parishioner. Unless McCain's majority agrees to some torture concessions, Senator Frist will deny them an up-or-down vote.
(this is a cross-post from Our Republic)