Summary
In exchange, Democrats agreed to go forward without filibuster with three of the worst [Bush] nominees -- Priscilla R. Owen, Janice Rogers Brown and William H. Pryor Jr. And, they agreed not to use the filibuster except in "extraordinary" circumstances -- which presumably means if Bush nominates a true Neanderthal to the Supreme Court. Republicans agreed not to vote for the nuclear option, unless Democrats filibuster a judicial nominee. There's also language urging Bush to consult with Democratic and Republican senators before submitting his nominees, which is akin to asking him to go to the United Nations before invading Iraq. It's unlikely to happen -- and if it does, it won't make any difference.
The so called "moderate" deal let three truly reactionary nominees be confirmed for a lifetime appointment to the federal appeals courts. But why make this deal? If Frist had the votes to pull the nuclear trigger, he could have gotten the judges confirmed. If he didn't have the votes, they would have been stopped. The deal preserved the filibuster -- but also the nuclear option -- for "extraordinary" circumstances. If Democrats are forced to filibuster a horrid nominee, then Republicans can claim the deal is off.See the full content of this document
Extract
Senate's Judicial Deal Is No Victory
The deal cut by 14 senators to head off the "nuclear option" in the fight over Bush's judicial nominations has been hailed as if it brought peace in our time. John McCain is celebrated as the new leader of the Senate. Joe...
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