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WASHINGTON (February 5, 2003) - - At the urging of NARAL and other pro-abortion groups, most Democratic U.S. senators currently are filibustering to prevent a vote on the confirmation of Miguel Estrada, President Bush's nominee to the U.S. Court of Appeals for the District of Columbia. This court is generally considered to be second in importance only to the Supreme Court. Miguel Estrada is the first Hispanic ever to be nominated to this court.
Miguel Estrada was nominated by President Bush nearly two years ago. The American Bar Association's review committee unanimously rated Estrada as "well qualified," but the Senate Democratic leadership blocked his confirmation until they lost their majority.
On January 30, the Senate Judiciary Committee approved the nomination on a 10-9 party-line vote. Because a majority of senators, including all 51 Republicans, would vote to confirm Estrada, pro-abortion groups have persuaded Minority Leader Tom Daschle (D-SD), Senator Hillary Clinton (D-NY), and many other Democratic senators to block a vote by launching a filibuster.
In order to end this filibuster, it will be necessary for nine Democratic senators to join the Republicans in voting to end debate ("invoke cloture"), since this requires 60 votes. As of March 5, four Democratic senators had announced that they do NOT support the filibuster: John Breaux (La.), Zell Miller (Ga.), Ben Nelson (Ne.), and Bill Nelson (Fl.).
The Senate is likely to have repeated votes on whether to invoke cloture and approve Estrada, beginning on or about March 6. There is no limit to how many times the Senate might be forced to vote on this question.
Estrada's nomination is being blocked by the Senate Democratic leadership because he has not committed to support abortion.
In a January 31 e-mail alert, NARAL said that Estrada "has pointedly refused to answer the Senate's questions on his view of Roe v. Wade."