Support falters for the 'nuclear option'

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Senate Majority Leader Bill Frist does not have firm support among his caucus to employ the so-called "nuclear option" for dislodging the Democratic filibusters against President Bush's judicial nominees.

Of the 55 Republicans in the chamber, at least six are undecided or adamantly opposed to the plan of using the rare parliamentary procedure to end the filibusters with a simple majority vote, rather than the 60 votes normally required.

"I am very concerned about the overuse of the filibuster," said Sen. Susan Collins, a Maine Republican who said she remains undecided. "But I am also concerned that a rule change will further charge the partisan atmosphere to the point that we will not be able to conduct business."

Mr. Frist said in an interview with The Washington Times last month that he was "confident" he has the votes to put an end to the filibusters against seven of Mr. Bush's nominees to the federal appeals courts.

In addition toMiss Collins, three other Republicans say they are undecided but have serious reservations. They are Sens. John W. Warner of Virginia, John McCain of Arizona and Chuck Hagel of Nebraska.

"I have not reached a firm view on the matter," Mr. Warner said. "However, I tend to be a traditionalist, and the right of unlimited debate has been a hallmark of the Senate since its inception."

Hagel spokesman Mike Buttry said his boss "wants to see how the debate plays out."

"He is very frustrated with the treatment of the judges," Mr. Buttry said. "At the same time, he was here in the '70s, when there was a Democrat in the White House and the filibuster was a very important tool for Republicans."

Firmly opposed to the measure are Republican Sens. Lincoln Chafee of Rhode Island and Olympia J. Snowe of Maine, who cite concerns about protecting the minority party and avoiding a Democratic promise to halt most Senate business.

Assuming that no Democrats support Mr. Frist, that brings support for the measure to just 49 senators, one shy of the number he needs.