National Attention
Frist first entered the national spotlight when two Capitol police officers were shot inside the United States Capitol by Russell Eugene Weston Jr. in 1998. Frist, the closest doctor, provided immediate medical attention (he was unable to save the two officers, but was able to save Weston). He also was the Congressional spokesman during the 2001 anthrax attacks.
As the chairman of the National Republican Senatorial Committee, he helped Republicans win back the Senate in the 2002 midterm election. His committee collected $66.4 million for 2001–2002, 50% more than the previous year. Shortly afterwards, Senator Trent Lott made comments at a Strom Thurmond birthday celebration in which he said that if Thurmond's presidential bid of 1948 had succeeded, "we wouldn't have had all these problems over all these years". In the aftermath, Lott resigned his position as Senate Majority Leader and Frist was chosen unanimously by Senate Republicans as his replacement. He became the third youngest Senate Majority Leader in US history. In his 2005 book, Herding Cats, A Lifetime in Politics, Lott accuses Frist of being "one of the main manipulators" in the debate that ended Lott's leadership in the Republican Senate. Lott wrote that Frist's actions amounted to a "personal betrayal". Frist "... didn't even have the courtesy to call and tell me personally that he was going to run ... If Frist had not announced exactly when he did, as the fire was about to burn out, I would still be majority leader of the Senate today," Lott wrote.
In the 2003 legislative session, Frist enjoyed many successes. He was able to push many initiatives through to fruition, including the Bush administration's third major tax cut and legislation that was against partial-birth abortion. However, the tactics that he used to achieve those victories alienated many Democrats. He also was instrumental in developing and then passing the President's Emergency Plan for AIDS Relief (PEPFAR), the historic and unprecedented funding commitment to fight disease. In 2004, by comparison, he saw no major legislative successes, with the explanations ranging from delay tactics by Democrats to lack of unity within the Republican Party.
In a prominent and nationally broadcast speech to the Republican National Convention in August 2004, Frist highlighted his background as a doctor and focused on several issues related to health care. He spoke in favor of the recently passed Medicare prescription drug benefit and the passage of legislation providing for Health Savings Accounts. He described President Bush's policy regarding stem cell research, limiting embryonic stems cells to certain existing lines, as "ethical". In an impassioned argument for medical malpractice tort reform, Frist called personal injury trial lawyers "predators": "We must stop them from twisting American medicine into a litigation lottery where they hit the jackpot and every patient ends up paying." Frist has been an advocate for imposing caps on the amount of money courts can award plaintiffs for noneconomic damages in medical malpractice cases.
During the 2004 election season, Frist employed the unprecedented political tactic of going to the home state (South Dakota) of the opposition party (Democrat)'s minority leader, Democrat Tom Daschle, and actively campaigned against him. Daschle's Republican opponent, John Thune, defeated Daschle. In Daschle's farewell address, Frist arrived late. The two men, however, have since found common ground and work together at the Bipartisan Policy Center and often speak together for healthcare conventions and events. After the 2004 elections, Frist played a role in the controversy over Arlen Specter's post-election remarks. Frist demanded a public statement from Specter in which Specter would repudiate his earlier remarks and pledge support for Bush's judiciary nominees. Frist rejected an early version of the statement as too weak, and gave his approval to the statement that Specter eventually delivered.
Frist received some criticism within the Republican caucus in the Senate over his handling of the Majority Leader position, and his near invisibility as a spokesman for the Republican caucus, which has damaged his reputation. His supporters within the caucus pointed to his success in moving tax legislation important to the executive branch as a sign that he was simply filling his place on the team, namely to bring important bills to a vote, and then ensure that gains made on the floor were preserved in the conference committee process.
Many of Frist's opponents have attacked him for what they see as pandering to future Republican primary voters. They claim that he has taken extreme positions on social issues such as the Terri Schiavo case in order to please them. On the other hand, Frist changed his position on stem cell research.
There has also been controversy regarding the "nuclear option", under which the Republicans would change a rule in the Senate to prevent the filibuster of judicial nominations. Although Frist claimed that "ever before has a minority blocked a judicial nominee that has majority support for an up-or-down vote on the Senate floor," critics pointed to the nearly two-century history of the filibuster, including the successful four-day 1968 minority Republican filibuster of Lyndon Johnson's chief justice nominee, Abe Fortas. Also, in 1998 Frist participated in the Republican filibuster to stall the nomination of openly gay James C. Hormel to be ambassador to Luxembourg; Hormel eventually received a recess appointment from President Bill Clinton, bypassing a Senate vote. Frist also helped block the 1996 nomination of Richard Paez to the 9th Federal Court of Appeals, a four-year filibuster that was defeated in 2000 when 14 Republicans dropped their support for it and allowed Paez to be confirmed by a simple majority.
More criticism of perceived weakness came in the midst of an extended confirmation fight over Bush's pick for US ambassador to the United Nations, John R. Bolton. Twice Frist failed to garner the 60 votes to break cloture, getting fewer votes the second time and even losing the support of one moderate Republican (George Voinovich of Ohio). On June 21, 2005, Frist said the situation had been "exhausted" and there would be no more votes. Only an hour later, after speaking to the White House, Frist said: "The president made it very clear he wants an up-or-down vote." This sudden switch in strategy led to charges of flip-flopping in response to pressure from the Bush administration. Nevertheless, no up-and-down vote was held, and Bush made a recess appointment of Bolton.
In September 2006, working with Arizona Senator Jon Kyl, Frist was a major Senate supporter of H.R. 4411 — the Unlawful Internet Gambling Enforcement Act of 2006. Frist's bill called for restrictions on banking transactions for online gambling, while Frist has received contributions from land-based casinos. The bill, which passed without debate as part of the SAFE Port Act, also allowed horse racing and lotteries to remain legal.
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