Dateline: 06/04/01

The U.S. Senate this week gets down to the potentially contentious process of reorganizing its political power structure following Vermont Sen. James Jeffords' decision to leave the Republican Party and become an independent. Before it is over, the Senate's reputation for civility and decorum will have been truly tested.

Before Jeffords bolted, the Senate was split 50-50 between Republicans and Democrats. The GOP, however, held a "nominal" majority based on Vice President Cheney's tie-breaker vote. Jeffords' action resulted in a true 50-49 Democratic majority that must now be reflected in a reorganization of Senate leadership posts and, more importantly, the powerful Senate committees.

Republican Senators hinted over the weekend that unless Democrats agreed not to block President Bush's judicial nominees in the Judiciary Committee, they might try to block the entire Democratic takeover. [See: Senator Jeffords & the Bush Supreme Court]

How could Republican Senators do that? By launching a filibuster -- an open-ended debate or parliamentary point of order intended only to bring all other Senate business to a halt. Purely a Senatorial maneuver, filibusters are not allowed under the rules of the House of Representatives.

Appearing on "Fox News Sunday," Sen. Rick Santorum (R-Pa.) referred to the agreement by Democrats not to block President Bush's nominees to federal judgeships as, "the price of admission." 

Santorum stated that while Republicans were willing to give Democrats a one-seat majority, they expected something in return. "What we want in exchange for that is really some protection that government can continue to function here,'' Santorum said. "If we don't get that assurance or some assurance in this vein, then I think we're going to have some hard times organizing." A clear hint at a filibuster.

Control of the federal judiciary is a major key to the ability of any presidential administration to fully implement its policies and programs. Currently 101 federal judgeships, about 12 percent of all federal appellate and district court judgeships are vacant. In addition, as many as four current Supreme Court Justices are expected to retire before the end of President Bush's first term.

Under the reorganization, Democratic Sen. Patrick Leahy of Vermont will replace Republican Sen. Orrin Hatch of Utah as chairman of the Senate Judiciary Committee. Appearing on CBS' "Face the Nation" on Sunday, Sen. Leahy stated that he would direct the committee to keep in mind that federal judgeships are lifetime appointments. "These judges are going to be there long after I'm gone, long after President Bush is gone," he said.

Even without a filibuster, this week's political reorganization will delay the Senate's consideration of its education bill, S. 1 - to extend programs and activities under the Elementary and Secondary Education Act of 1965. The House has approved its version of an education bill, H.R. 1 - No Child Left Behind Act of 2001, on May 23.

The Senate reconvenes after returning from the Memorial Day recess at noon Eastern Time on Tuesday, June 5. All public sessions of the U.S. Senate and House of Representatives are broadcast live by the C-SPAN Television Network.