GOP fails 3rd time to break Estrada filibuster

WASHINGTON -- Republicans failed for a third time to break a Senate filibuster of federal judicial nominee Miguel Estrada, but said they would continue to require Democrats to vote to keep the Hispanic lawyer off the federal bench.

Senate Republicans, with a 55-45 vote on Tuesday, failed again to get the 60 votes they needed to move to a final confirmation vote on Estrada, who wants a seat on the U.S. Court of Appeals for the District of Columbia.

Senate Judiciary Chairman Orrin Hatch, R-Utah, said it was the first time in the Senate's history that three votes to move to the confirmation of a president's nominee had failed on the Senate floor.

"If we continue to filibuster this man, the Senate will be broken, the system will be broken and I think we will have to do what we have to do to make sure that executive nominations get votes once they get on the calendar," Hatch said.

Republicans have accused Democrats of treating Estrada unfairly because he is a conservative Hispanic.

"The problems comes down to this: He's conservative and my colleagues on the other side think that he's pro-life," Hatch said.

Democrats say they fear that Estrada would be an extreme right- wing judge if placed on the court, and want more information about him. They want Estrada to answer more questions and for the White House to release memos Estrada wrote while working for the Justice Department.

"I think Mr. Estrada should get his vote, as soon as he complies with the request of information from the Senate," said Sen. Bryon Dorgan, D-N.D.

Every Republican voted to end the filibuster. They were joined by Democratic Sens. Bill Nelson of Florida, Ben Nelson of Nebraska, John Breaux of Louisiana and Zell Miller of Georgia.

The rest of the Democrats and independent Sen. Jim Jeffords of Vermont stood firm.

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