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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: jamese777

Right and Frist is a lame duck and needs to resign immediately. I don't blame him for this. But one must wonder how much his lame duck status made him unable to "LEAD" four more Dims beside Ben Nelson to vote cloture on all these nominees or be able to keep the GOP Senators in line on this vote.

I hope the president makes some more recess appointments.


261 posted on 05/23/2005 7:03:46 PM PDT by JLS
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To: Moral Hazard

Chafee is already in trouble from what I have heard. He is polling in the 40s which is low for an incumbnt. I don't know who is runnnig against him but I know he has primary challengers.

I have also heard a rumor that Chafee may switch parties (!) has anyone else heard this?


262 posted on 05/23/2005 7:03:51 PM PDT by romans828
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To: tgslTakoma

Yeah it is outlawed these days.


263 posted on 05/23/2005 7:04:05 PM PDT by Trueblackman (Terrorism and Liberalism never sleep and neither do I)
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To: strategofr

I totally agree. Make it a 527 and name it something like "Conservative Integrity Accountability Coalition"


264 posted on 05/23/2005 7:04:53 PM PDT by torchthemummy ("Sober Idealism Equals Pragmatism")
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To: ricks_place
"The Dems like to spin the Nuke option as a rule change but the Majority Leadership says it is not a rule change but a clarification."

Read the agreement - it's crystal clear that Bush will not get ANYONE on the courts in the future, unless he has 60 votes.

We lost.
265 posted on 05/23/2005 7:05:09 PM PDT by BobL
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To: Kath
"I am not hysterical, you are."

I guess that explains all the ???'s in your post--non-hysteria.

Actually, you don't respect my opinion, and I certainly don't respect yours--I'm just honest about it. So let's just leave it at that.

266 posted on 05/23/2005 7:05:15 PM PDT by Darkwolf (aka Darkwolf377 lurker since'01, member since 4/'04--stop clogging me with pings!)
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To: goldstategop

It's not over for the "obstructionist, do nothing" party.
The filibuster is ready and waiting for what counts most
and what could affect the culture of this nation for
generations -- Supreme Court nominees. Call a spade a
spade - Republicans folded. A "gang of 12" has kept the
filibuster alive for the time it's needed by the Dems.
What this is really illustrates is that the guys in the
"Senate Club" are more concerned with their archaic and
anachronistic prerogatives than with confirming qualified
nominees. What did the GOP get? Three confirmations
along with a promise that only under "extraordinary"
situations will the Dems filibuster. Considering they
smear conservative nominees and deem them all to be
"extraordinary" -- NOTHING in return. If they wonder
why the base stays home in disgust rather than vote
for "tweedle-dee" or "tweedle-dum" -- look no further.


267 posted on 05/23/2005 7:05:49 PM PDT by T.L.Sink (stopew)
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To: torchthemummy

Those on the Republican side include such "moderates" as Lincoln D. Chafee of Rhode Island and Susan M. Collins and Olympia J. Snowe of Maine, as well as independent-minded conservatives, such as John W. Warner of Virginia, John McCain of Arizona, and Lindsey O. Graham of South Carolina


This is the group that needs to be taken down


268 posted on 05/23/2005 7:07:12 PM PDT by howlingmule
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To: SunshinesStormySummerSon
I would love someone to ask McCain about that quote. Sure sounds like the partisanship was headed off by this movie, eh?

I respect McCain as a person, but man, just ONCE I'd like him to come out and, with no equivocation, defend the president, without his usual scraping and pawing at the ground of "Of course, there are some Republicans who do the same thing..." But he won't, especially now. I can almost see him and Chrissy Matthews grinning.

The "republicans" pulled defeat from the jaws of victory this time.

269 posted on 05/23/2005 7:08:00 PM PDT by Darkwolf (aka Darkwolf377 lurker since'01, member since 4/'04--stop clogging me with pings!)
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To: torchthemummy

"Conservative Integrity Accountability Coalition"

How about

"Conservative Accountability & Integrity Now"

raise CAIN


270 posted on 05/23/2005 7:08:50 PM PDT by strategofr (What did happen to those 293 boxes of secret FBI files (esp on Senators) Hillary stole?)
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Comment #271 Removed by Moderator

To: Darkwolf
Uh, so Frist couldn't have brought on the nuclear option?

Not successfully.

Where do you get THAT from?

From the fact that 7 GOP Senators signed on to that deal in which they expressed, in writing, that they wouldn't support the "nuclear" (I prefer "constitutional") option.

If he could, according to your analogy, McCain and company wouldn't even be in the position to do what they did. "Knock it off or else." THAT is what Frist's JOB is.

Sure. And after he's said it and they've ignored him, what's the next step? The Senate is not a business, and he's not the boss. He's basically "first among equals." He's got no more control over John McCain than Trent Lott did or you do.

272 posted on 05/23/2005 7:10:33 PM PDT by Lyford
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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.

No, No, No! There is no more nuke option! It's history. Caput. We lost!

273 posted on 05/23/2005 7:10:57 PM PDT by Colorado Buckeye (It's the culture stupid!)
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Comment #274 Removed by Moderator

To: OXENinFLA

not me...


275 posted on 05/23/2005 7:11:20 PM PDT by firewalk
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To: Unam Sanctam

So we have a white Catholic, a black conservative, and a white Christian woman that could all be supreme court appointees ...

Exactly how will the Dems block other appointees ... our side can now appeal to the "you let Owen through, this one is less conservative ..."

I wanted to see the nuclear option implemented ... but I dont think this "deal" is all bad news.

I would be very delighted if all three of these nominees ended up on the supreme court within the next 2-3 years.


276 posted on 05/23/2005 7:13:03 PM PDT by dartuser (Many people think that questioning Darwinian evolution must be equivalent to espousing creationism.)
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Comment #277 Removed by Moderator

To: strategofr

Very good, very good. And if such a coalition was created every prpoposal put forward about who should be targeted and how to be targeted will not have the luxury of a filabuster - just a straight up-or-down vote. What a concept, huh?


278 posted on 05/23/2005 7:13:21 PM PDT by torchthemummy ("Sober Idealism Equals Pragmatism")
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To: pollyannaish
Thanks Polly.

Emotions seem to be running high tonight. The Republican Leadership has managed to Defeat Communism, End Welfare-as-we-know-it, Win the House and hold it, Win the Senate despite RINOs, Elect our great President twice, kick terrorism, and so forth in spite of the Liberal Press and obstructionist Democrats. I gotta believe the Good Guys know what they are doing.

279 posted on 05/23/2005 7:14:00 PM PDT by ricks_place
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To: howlingmule

Lincoln D. Chafee of Rhode Island
John W. Warner of Virginia
Susan M. Collins and Olympia J. Snowe of Maine
John McCain of Arizona
Lindsey O. Graham of South Carolina

this is the hit list


280 posted on 05/23/2005 7:14:07 PM PDT by howlingmule
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