Text of Filibuster Deal

Received via e-mail | Monday, May 23, 2005 | Rats and Rinos

[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.

[shhrubbery!]

The Democrats caved. They knew they would have lost a constitutional option vote and so they needed a way to save face. They could resume the filibuster in the future but for all practical matters, their threat's an empty one.

I agree with you.

That was my initial reaction, and I still haven't heard or read anything that makes me think differently...yet.

But I'm still open to getting all down-in-the-dumps and pessimistic if anybody can persuade me to be.

[ricks_place]

I am no fan of McCain but I agree this development is not such a bad thing. The 3 get Cloture with no commitment on the rest. OK, bring on the rest. It is doubtful that the Democrat Senators will follow Senator Reid down this path again.

The seven Democrat Senators could have executed this plan on their own to avert the Nuclear Option, just by voting for cloture. Senator Frist has no issue to detonate the device if Cloture passes. The Seven Republicans simply gave the Democrats an opportunity to back away with some dignity. That's not such a bad thing.

Senator Reid was happy to retreat with a "Victory Dance" for the lefties. It will be a fine Victory Dance where none of these nominees were acceptable yet the dems vote for 3, the rest get their floor vote and probably pass, and Bolton is confirmed.

[Teslas Pigeon]

A group of Senators can hold considerable power. Of course, the constitutional option's off the table, but so is the filibuster.

No, the filibuster is not off the table. It is on the table because anyone Bush nominates to SCOTUS who is to the right of Ruth Buzzi Ginsburg or thereabouts will be labeled an extremely extreme extremist, and will be filibustered due to extraordinary circumstances. Note the spineless RINOS did not leave themselves an out of "no constitutional option except under extraordinary circumstances", only their masters, the Dems get that out.

[Hebrews 11:6]

Thank you, kristinn, for your very perceptive post #100; the Dems obviously caved.

And thank you, gsgop, for your many lucid posts on this thread, as well as your mature demeanor in the face of hot rhetoric. Your post #116, where you noticed the home-states of the compromisers, nailed the situation exactly.

I've read the first 150 posts on this thread, and no one has commented on this feature of the deal. After Frist announced the deal, Reid said on the Senate floor that this finally puts the eight Clinton years behind them, obviously meaning that the Dems no longer can hold over the GOP the Clinton nominees who never got a vote. We'll hold them to that. They can always gin up more excuses, but they've given up that cherished old one.

[Kath]

Gone forward with the nuclear option???? How could he do that now??? He's got seven RINOs who will vote against the nuclear option. It would to pass period. He had no choice.

[oldtimer]

Frist cannot lead rinos, but can lead GOP Senators.

Start with mclame as an example.

[goldstategop]

You forgot to list the seven Democrats who signed this deal. With only 36 Senators, Dingy Reid lost the ability to sustain a cloture vote. His party didn't exactly hang together. 7 Democrats abandoned their own party to make a deal with RINOs. I don't think the liberal interest groups are exactly cheering this. Their own party sold them out too.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[Kath]

He has to accept it because he has 7 Rino senators who now will not vote for the nuclear option.

[lstanle]

"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."

This sounds meaningless to me. Isn't that exactly what we have now? Any signatory of this deal or any senator can decide now if they want to try and filibuster any nominee.

[Still Thinking]

mccain wont get through the primaries. he is now hated by the grass roots

Even if true. big woop; we still have to put up with him till 2010. Who knows, by then, maybe this will have blown over and we'll get ANOTHER six years. :-(

[McGavin999]

Uh, Mike, we don't have 55 senators. Seven of that 55 have just stabbed the country in the back and declared themselves a third party.

[Darkwolf]

"Gone forward with the nuclear option???? How could he do that now???"

Maybe you should read before you get all hysterical. My whole point is he dawdled for WEEKS when he should have done forward with it.

Please READ before commenting.

[SoCar]

Why don't you try backing up insults with some facts? Because you don't have any. Talk about foolish rhetoric! LOL!!

[ricks_place]

The Dems do not get any veto power. The Nuke-day was merely deferred. The first 3 get through. No commitment on the others. Get them up for a vote and let's see what happens. I do not think the Dems will risk this again.

The 7 Dems could have done this just by voting for Cloture on the first 3 and waiting to pick their target.

[jess35]

The President was right to stay out of the business of the Senate and as a reward, the senate has told him they are going to involve themselves in HIS business.

Uh...what were you saying about respect? Is the President supposed to gain respect by dictating senate rules?

[Colorado Buckeye]

All this agreement really does is to postpone the battle until a SCOTUS nominee comes up.

Not true. Read the agreement. The Republicans have agreed to give up their ability to abrogate the filibuster in this Congress in the case of any future nominee, including a supreme court nominee. We get three appellate judges and have capitulated on everything else. It's a disaster.

[goldstategop]

That's true. But tell me: having conceded three judges they labeled "extreme," the Democrats now have to tell their base and the rest of the country what makes equally conservative SCOTUS nominees "extreme." If the Democrats thought these people shouldn't get a vote, they shouldn't have made a deal. They should have let the Republicans get their constitutional option and then run on the issue of extreme Republican judges in '06. That would have been the principled thing to do. I can't imagine over on DU they're taking this well. Its as much as a betrayal of them as many here perceive it to be a betrayal of us.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[Darkwolf]

(yawn) You haven't posted a fact yet, fool, only displayed your complete lack of knowledge. PLEASE continue! I need a laugh tonight.

OK, I'll make you feel better: Frist is a great leader and did everything perfectly. He should have done nothing differently. Happy now, sweetums? Now go back to watching The View or whatever you do to "educate" yourself on how the senate actually works.

[Leto]

BS, the RINO's agreed not to vote for the Constitutional option when the Rats fillibuster.

They will fillibuster any decent SC nominee Bush sends up and the RINO's will let them getting away with Borking anyone who will uphold the ocnstitution.

Someone may rationalize that they have won the battle (and that is disputable) but they just lost the war.

This sucks.

[Redleg Duke]

All this means is that the first three will get an up or down vote and then the Nuc Option is on the table for the first filibuster that the RATS pull.

For you Bush and Republican Bashers, ignore the facts and continue hyperventilating, you useless pukes!