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Tuesday, May 24, 2005

The compromise as transcribed from a *.pdf by pontificator at the Daily Kos

I have no way of knowing that the transcription is accurate.

update: Now I do the link to TheDeal.pdf has been fixed. The transcription below is accurate.

It sounds like all of the proposed compromises. Some nominees get votes and some don't. The Democrats say they will filibuster only under extreme circumstances (as they say they are currently filibustering under extreme circumstances). The Republicans promise not to support the nuclear option unless the Democrats filibuster under other than extreme circumstances (as they say the Democrats are currently filibustering under other than extreme circumstances). Could be the show down is just delayed. I would guess no more tip toeing up to the brink until there is a supreme court vacancy.

Who caved depends on who was bluffing, that is, on how Specter, Warner, Hagel and DeWine would have voted if it came to that. I'd say those four played their cards well, but, hey, it beats a melt down.


We respect the diligent, conscientious efforts, to date, rendered to the Senate by Majority Leader Frist and Democratic Leader Reid. This memorandum confirms an understanding among the signatories, based upon mutual trust and confidence, related to pending and future judicial nominations in the 109th Congress.

This memorandum is in two parts. Part I relates to the currently pending judicial nominees; Part II relates to subsequent individual nominations to be made by the President and to be acted upon by the Senate's Judiciary Committee.

We have agreed to the following:

Part I: Commitments on Pending Judicial Nominations

A. Votes for Certain Nominees. We will vote to invoke cloture on the following judicial nominees: Janice Rogers Brown (D.C. Circuit), William Pryor (11th Circuit), and Priscilla Owen (5th Circuit).

B. Status of Other Nominees. Signatories make no commitment to vote for or against cloture on the following judicial nominees: William Myers (9th Circuit) and Henry Saad (6th Circuit).

Part II: Commitments for Future Nominations

A. Future Nominations. Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

B. Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

We believe that, under Article II, Section 2, of the United States Constitution, the word "Advice" speaks to consultation between the Senate and the President with regard to the use of the President's power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.

Such a return to the early practices of our government may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate.

We firmly believe this agreement is consistent with the traditions of the United States Senate that we as Senators seek to uphold.

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