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GOP Leader McConnell Says 'Too Early To Know' About Sotomayor Filibuster
Senate Minority Leader Mitch McConnell (R-Ky.) on Friday said it is "way too early to know" whether Senate Republicans will attempt to filibuster the nomination of Judge Sonia Sotomayor, President Obama"s nominee for the Supreme Court, the AP/Minneapolis Star Tribune reports. Although other Senate Republicans have said that they do not plan to filibuster a vote on Sotomayor, McConnell said that Senate Democrats established a precedent of filibustering former President George W. Bush"s nominees. However, he added that he believes blocking votes on judges is generally a "bad idea." Senate Judiciary Committee ranking member Jeff Sessions (R-Ala.) has said a filibuster is unlikely, and Sen. John Cornyn (R-Texas) has said that Republicans do not have the votes or the desire to mount a filibuster against Sotomayor. Senate Democrats hope to have confirmation hearings for Sotomayor in July, followed by a full Senate vote before the August recess. Senate Republicans are hoping to push back the hearings until September to give them more time to review her judicial record.Antiabortion Groups Circulate 1998 Legal Brief Abortion-rights opponents on Friday circulated a 1998 legal brief supporting abortion rights that the Puerto Rican Legal Defense and Education Fund joined while Sotomayor was on the fund"s board. The brief -- which was submitted to the Supreme Court to support a challenge to a Missouri law that made it illegal to use public facilities for abortion services -- warned of "the danger of tampering with the core framework of Roe v. Wade." The brief added that the law would disproportionately affect poor women of color. According to the AP/Star Tribune, there is nothing to indicate that Sotomayor had any role in drafting the brief.PRLDEF President Cesar Perales said that although its board helps determine which legal issues the organization should focus on, it is not involved with deciding which cases to take on. Charmaine Yoest of Americans United for Life said, "That specific case makes it very difficult for [Sotomayor] to say that she doesn"t have a position" on abortion rights (Hirschfeld Davis, AP/Minneapolis Star Tribune, 6/5).Senate Judiciary Committee Approves Two Federal Judges In related news, the Senate Judiciary Committee on Thursday voted to approve two of Obama"s federal judge nominees, Roll Call reports. The committee voted 12-7 to approve David Hamilton to fill a vacancy in the 7th U.S. Circuit Court of Appeals and voted 16-3 to approve Andre Davis to fill a vacancy on the 4th Circuit Court of Appeals. The votes were delayed two weeks because of requests from panel Republicans. This week, the committee will consider the nomination of Judge Gerard Lynch to fill a vacancy on the 2nd U.S. Circuit Court of Appeals (Brady, Roll Call, 6/4).
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Senate HELP Panel Begins Mark Up Of Bill Placing Tobacco Under FDA Oversight

The Senate Health, Education, Labor and Pensions Committee on Tuesday began marking up a bill (S 982) that would allow FDA to regulate tobacco products, CongressDaily reports. The bill would allow FDA to place larger, color warning labels about the health risks of smoking on cigarette packs, as well as to regulate the marketing of tobacco products and advertising to children. The agency could not ban tobacco products or eliminate nicotine from cigarettes, but it could regulate their production and ban flavored cigarettes other than menthol. Sen. Chris Dodd (D-Conn.) said, "Over the years, this bill has been reviewed; it has been vetted; it has been debated, over and over and over again. The time has come to act." The House in April passed its version of the bill, 298-112 (Hunt, CongressDaily, 5/20). The committee by voice vote approved an amendment proposed by Sen. Jeff Merkley (D-Ore.) that would give FDA priority to review products that contain nicotine, such as candies. Committee ranking member Mike Enzi (R-Wyo.) proposed two amendments, one that would have given regulatory authority over tobacco to CDC and another that would have ordered FDA to study which flavors to ban, instead of a current provision that bans specific flavors. Both amendments were defeated. Enzi said, "I think the FDA is the wrong regulator. It approves cures, not poisons." The only Democrat who opposed the bill was Sen. Kay Hagan (N.C.), who said the measure would harm the tobacco industry in her home state (Armstrong, CQ HealthBeat, 5/19). The panel"s other member from North Carolina, Sen. Richard Burr (R), said he would filibuster the bill. He said, "I put my fellow senators on notice: This is something that will be a much longer time on the floor than it will be in this hearing" (CongressDaily, 5/20). The committee plans to continue marking up the bill Wednesday and possibly Thursday.The Obama administration has expressed its support for the bill (CQ HealthBeat, 5/19). FDA Commissioner Margaret Hamburg also has said her agency should regulate tobacco (Armstrong, CQ HealthBeat, 5/18). Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation. © 2009 Advisory Board Company and Kaiser Family Foundation. All rights reserved.


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