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Text of Filibuster Deal
Received via e-mail | Monday, May 23, 2005 | Rats and Rinos

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.


TOPICS: Extended News; Government; News/Current Events
KEYWORDS: 109th; filibuster; judicialnominees; transcript; ussenate
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To: All; kristinn

It's not over until it's over.

Sean Hannity said today that we really need to watch Senator John Warner (VA) 202-224-2023, or use toll-free number in my tagline for Senator Warner and all senators.

57% of Americans in Rasmussen poll say that "Senate rules should be changed so that a vote must be taken on every person the President nominates to become a judge." That's unchanged from two weeks ago.

Maybe we ought to tell our U.S. senators about this poll, and also tell those "swing" senators.


http://www.rasmussenreports.com/2005/Judicial%20Nominations--May%2014.htm


Rush Limbaugh said that senators are wavering back and forth, partly because of pressure from the public. Let's get more phone calls and/or e-mails than the other side does.

Even if none of these WAVERING senators is your own senator,
please call 'em, anyway.

The last I heard the undecided GOP Senators are Collins (ME), DeWine (OH), and Warner (VA). Frist can afford to lose only two, because McCain, Chafee, and Snowe have declined to end the judicial filibusters.

We can call toll-free at 877-762-8762 .


E-mail info can be found here (but phone calls are more effective):
http://www.conservativeusa.org/mega-cong.htm

Urge each to FULLY SUPPORT THE FILIBUSTERING
RULES CHANGE and NO COMPROMISES.


201 posted on 05/23/2005 6:32:59 PM PDT by Sun (Call your U.S. senators & wavering senators toll-free, 1-877-762-8762 re: Const.option,vote yes)
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To: gobucks

And your point is?


202 posted on 05/23/2005 6:33:34 PM PDT by Redleg Duke (Don't let Terri's death be in vain!)
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To: goldstategop

Reid won and the republicans lost. How could it not be clearer. During this congress we will be fighting over supreme court nominees with 40 democrats holding total veto power. If you can't see that now, you will before the end of the year. Those seven rinos sold out the supreme court and turned it over to the ACLU.


203 posted on 05/23/2005 6:33:37 PM PDT by Roamin53 (World War III started on Bill Clinton's watch....he just wasn't sure which side he was on!)
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To: okie01
Reid got everything he could hope to achieve. Frist got screwed -- along with the conservative GOP senators, all of us conservative voters and the entire country.

Sure does look that way. But I suppose we won't know for certain until the first Supreme Court vacancy.

204 posted on 05/23/2005 6:33:48 PM PDT by madprof98
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To: 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.

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.

The RINOS explicitly relinquished the constitutional option for the remainder of the 109th Congress. The 'Rats reserved the right to filibuster in 'extraordinary circumstances' (without definition.)

205 posted on 05/23/2005 6:34:03 PM PDT by kristinn
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To: af_vet_1981
Seven RINO traitors have promised not to change the rules in the 109th Congress.

Hypothetical A good conservative is nominated to the bench. The Dems slime and then filibuster the candidate. The agreement is null and void.

A ruling from the chair is NOT a rule change but a rule clarification.

206 posted on 05/23/2005 6:34:18 PM PDT by ricks_place
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To: torchthemummy
I didn't read all the posts yet but as I said on the C-Span thread, notice how McCain signed on the Dem side.

McCain will be Hillary's VP.

207 posted on 05/23/2005 6:34:42 PM PDT by Colorado Buckeye (It's the culture stupid!)
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To: kristinn
"We have sent President George Bush, Vice President Dick Cheney and the radical right of the Republican party an undeniable message....the abuse of power will not be tolerated." --Harry Reid

Yeah, the Dems didn't get anything out of this, and we lose nothing by not initiating the nuclear option AGES ago. Suuuure.

208 posted on 05/23/2005 6:35:12 PM PDT by Darkwolf (aka Darkwolf377 lurker since'01, member since 4/'04--stop clogging me with pings!)
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To: kristinn
and Henry Saad (6th Circuit).

That's because of ONE person. CARL LENIN. Why? Since Spence retaliated against one of Don "Keating 5" Riegle's blue slips on the first president by taking out a blue slip on Carl Lenin's cousin-in-law Helene White.

Don't blame me. I voted for Rocky.

209 posted on 05/23/2005 6:35:24 PM PDT by Dan from Michigan ("The constitution is not a living organism for Pete's sake" - Judge Scalia)
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To: kristinn
This deal was a catastrophic mistake, and we have two senior senators to blame: Frist and Warner. Make no mistake, by giving in to the Democrats, they have let their best supporters down, and let the country down. This deal still requires 60 votes for the US Senate to consent to federal judges. NOTHING HAS CHANGED.

My word to Warner and Frist: you and other Republicans were put into power in order to overturn 40 years of mindless, ineffective, anti-religious democrat rule. You have failed. Don't count on us again.

210 posted on 05/23/2005 6:36:30 PM PDT by HighFlyer
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To: ricks_place
The Dems slime and then filibuster the candidate. The agreement is null and void.

Reread the agreement. The 7 Democrats are allowed to decided for themselves whether the candidate is acceptable. The agreement recommends that the President take their advice before nominating a judge. The 7 RINO traitors are committed to work against changing any rule in the 109th Congress. Hopefully they will not be in the 110th Congress.

211 posted on 05/23/2005 6:36:46 PM PDT by af_vet_1981
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To: kristinn

Qualifications for Republican Senator ... must be good at tent folding.!


Dark Side election getting set up for 2008

The Princess of Darkness, hiLIARry

and

John McEgo (architect of that excellent ... for democrats ... campaign finance reform)

in which McCain will lose ... come general election time the media will turn on him and he will be savaged will Keating Five Ads and Stories.


212 posted on 05/23/2005 6:36:58 PM PDT by bluebeak
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To: ricks_place
"The Dems do not get any veto power. The Nuke-day was merely deferred."

I don't follow. Read the top of the thread. The Reps specifically promised to not change the rules to prevent filibusters, while the Dems still get to filibuster ANY future nominee.

Please explain how the Reps can prevent a repeat of the gridlock that led up to this, without violating the agreement.
213 posted on 05/23/2005 6:37:42 PM PDT by BobL
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To: Darkwolf
Read posts 122 and 124. Or are they sweetums who watch The View also? You are a condescending, no nothing, complete waste of my time. Go crawl back into your hole.
214 posted on 05/23/2005 6:37:49 PM PDT by SoCar (Refugee from NJ)
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To: cardinal4
This is how delusional McCain is (from National Reviews Capitol Buzz blog):

On his own standing with Republicans, McCain says, "I am the most sought-after of all Republicans ... Particularly since the 2004 campaign, there has been a great softening of this dislike for me." McCain aides are even discussing the possibility of Karl Rove supporting his candidacy. McCain 2000 supporter and GOP lobbyist Ken Duberstein adds, "John has continued to be one of Bush's strongest supporters. I think he's been quite careful. He's making all the right moves."

Let me just say "Not a snowball's chance in Hell!

215 posted on 05/23/2005 6:37:57 PM PDT by torchthemummy ("Sober Idealism Equals Pragmatism")
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To: Darkwolf
Name me one majority leader that could control the likes of McCain.

Frist did not have the votes weeks ago. Just how many of these RINOs do you think would have vote with the Republican party???? I'm not sure he ever had the votes.

216 posted on 05/23/2005 6:37:58 PM PDT by Kath (Luvya Dubya)
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To: Colorado Buckeye
McCain will be Hillary's VP.

Only after he loses the Republican nomination, which he will.

217 posted on 05/23/2005 6:38:10 PM PDT by af_vet_1981
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To: Sun

Warner's mailbox is full at 9:37 PM on 23 May 2005. I'll bet none of those voice mails are complimentary!

I will drill them tomorrow!


218 posted on 05/23/2005 6:38:18 PM PDT by Redleg Duke (Don't let Terri's death be in vain!)
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To: goldstategop
I hope you are right of course. And I guess I might have overstated my case. It is possible if the seat that is up at the Supreme Court is one of the conservative ones, they might not filibuster. But if O'Connor or anyone to the left of her leaves the court, and Bush nominates a Scalia type Jurist, I can guarantee a filibuster.

I hope when the time comes, the Repubs point out, as you did, that the Dems already allowed through some equally conservative judges.
219 posted on 05/23/2005 6:38:43 PM PDT by Teslas Pigeon
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To: BobL
I think name calling is commonly done on this site

First, Bob, I appreciate your willingness to dialogue with me about this--you still haven't called me a name.

Second, as to your quote above: the indisputable fact that some Freepers are rude doesn't mean you should emulate them (I can hear our mothers now: "If your friends jumped off a bridge....").

220 posted on 05/23/2005 6:38:43 PM PDT by Hebrews 11:6 (Look it up!)
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