Posted on 05/23/2005 5:23:07 PM PDT by kristinn
MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS
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.
The dems can block without worry and we still have problems for the future. We got NOTHING! Frist folded and so did his pansy leadership.
Watch what happens with W's next 10 nominees. The Judiciary Committee will reject the names until there is a "certifcation" that the have passed the "consultation" aspect of this memo.
You dont understand. WE HAVE 55 SENATORS!! Why not just nuke it now? That's where the caving came in, we got screwed, adn this whole debate now drags on, and two wonderful judges get dumped. We have 55 senators, not 45, VOTE!
It is not Frist's fault. He can't stop the 7 RINO's from voting against the nuclear option with the deal they made.
Could be both ... yeah, could be both. Anymore, I always assume the latter as a default option. The first might be open for debate, but the second is never debatable. The Repub leadership AIN'T GOT NO BALLS!
What choice does he have???? The RINOs made the deal and will not vote for the nuclear option.
I'll tell you what, those bases in Maine had better be shut down, and Lindsey had better have a primary challanger and the RNC must never give another dime to any of the seven who signed this thing.
What really sucks is BOTH of my Senators were in on this deal.
"You haven't called me any names yet, but I've seen you do it twice already on this thread. Got one for me?"
It depends, who's side are you on? - and it's pretty easy to tell who won, by where the celebrating is taking place.
(by the way, one of them admitted to being a troll - or at least didn't deny it)
"He has no choice at this point."
I'm in shock at this point. If I'm understanding correctly what is happening. I'm new to FR and have never learned of a major story from FR before, so it's sinking in slowly.
Anyway, here's the thing. Frist is weak top to bottom. That weakness is amplified by Bush.
How could Bush promise to stay out of it?
I'll tell you how. 1) He's wimpy & 2) he's not really strong on strict constructionism (at least, that is what i surmise.) He backs the idea, but he doesn't see that its everything. Look at the time and energy he wasted on Social Security while this thing developed
Bush should have told Frist he would give him every "goodie" he needed. Every military base, I don't care. Frist should have been buttonholing people in corners and making threats. He should have been carrying statewide petitions from Right-to-Life groups in his pocket and shoving them in Senator's faces. He should have been lining up Republican challengers for Senators.
And if it came to this, he should have a nuclear vote just to make the RINOs pay the political price.
That's what LBJ would have done, and that would have jsut been a warm up for him.
You think you could do better with those Rinos??
That's a great classic image. As a Bostonian historian you have warmed my heart. The Brits chopped up the Liberty Tree for firewood during the 1775-76 Siege of Boston. In it's place is a bas-relief of the tree. Unfortunately and ironically it is on the building that houses the Boston DMV.
Or maybe - and I hope it's not wishful thinking - Frist said OK, give the Dems a chance to do the right thing. And if they don't, the whole country will see they can't be trusted and then the constitutional option will be the obvious response.
Anyone who thinks Frist letting this drag on and on probably believes the following scenario:
Bush nominates a conservative judge; the Democrats come out to filibuster the nomination.
In response, the Republicans, lips trembling, get before the microphones and cameras and say "The Democrats have broken their word!"
The TV and newspapers then side with the Republicans, instead of, say, mocking them as they did Newt Gingrich when he complained about his treatment on Air Force One. The media then shame the democrats into abiding by their agreement.
Yeah. That'll happen.
That Republicans are falling for this as anything but a huge defeat for Frist's "leadership" doesn't speak well of us. McCain and company took their opportunity to put a more "moderate" face on the Republican party--i.e. trying to make the democrats like us. Frist looks completely clueless, and that we are making excuses for his foolishness is mystifying. If he had the cojones to slam the dems with the nuclear option when it was first floated--HOW many days ago?--we wouldn't be talking about this, because it would be over. You know, the way the majority is SUPPOSED to act.
So when the Demmies stop laughing behind their hands and pull their "extraordinary" move, I will be watching while the Republicans look like fools (for agreeing to such a stupid deal) and morons (for patting Frist on the head when he's provising zero leadership).
"This outcome is and was always outside of Frist's control."
I guess Arizona has enough highways.
RINO traitors will ensure that two are defeated.
Business as usual in Washington. This was all about giving red meat to both bases. Nothing was going to be decided.
The GOP is acting like the losing party again, and I fear that they soon will be.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
"an insult to the President and HIS right under Article II section II of the Constitution."
Yeah, but you have to earn respect, and the president lost it here by saying it was a 'Senate matter' and staying out of it. The fate of the nation. His own right to nominate to the Supreme Court.
What we freepers tend to overlook is that the RINOs want to block conservative nominees to the Supreme Court almost as much as the Dems do.
DeWine
Snowe
Warner
Graham
Collins
Chafee
I guess both Reid and Frist are Minority Leaders now.
He could have solved this problem three years ago.Make the Democrats hold the floor.He has no control over his caucus.
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