Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 261-280281-300301-320 ... 381-400 next last
To: BobL
but it keeps coming back to the fact that the Dems can still filibuster at will, and we cannot stop them, for the next 20 months (if not longer).

It's not that bleak. They agree not to filibuster except in "extraordinary" circumstances. We agree not to change the rules.

But if they filibuster in circumstances that we do not agree are "extraordinary" then they've broken the deal, and the "constitutional" option becomes viable again. Nothing's changed that makes it un-doable, except that the GOP has agreed not to do it. In exchange for which, the Democrats have agreed to certain behaviors. If they don't, the option goes back on the table...

281 posted on 05/23/2005 7:14:24 PM PDT by Lyford
[ Post Reply | Private Reply | To 249 | View Replies]

Comment #282 Removed by Moderator

To: kristinn
"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 yawn....

283 posted on 05/23/2005 7:17:21 PM PDT by azhenfud ("He who is always looking up seldom finds others' lost change...")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Still Thinking; kristinn
The problem I see is that "extraordinary circumstances" are left to the lefties discretion

Yep...I see more drunken tirades:

284 posted on 05/23/2005 7:17:23 PM PDT by ErnBatavia (I don't drink and FReep...it just looks that way)
[ Post Reply | Private Reply | To 9 | View Replies]

To: howlingmule

"this is the hit list"

ehhh. Let's use the term "political hit list". Your line is over the top, even for me tonight.


285 posted on 05/23/2005 7:17:44 PM PDT by BobL
[ Post Reply | Private Reply | To 280 | View Replies]

To: Lyford

the dems WILL filibuster a supreme court nominee because they can. and the reps will sit on there hands.


286 posted on 05/23/2005 7:18:20 PM PDT by howlingmule
[ Post Reply | Private Reply | To 281 | View Replies]

To: Lyford
My entire point is that Frist waited too long, dawdling over this. Of course he doesn't mind-control the Republicans; but what a LEADER does is work with them, giving them a little of this, something of that, to get their vote, convincing them. THAT is a leader's job--convincing. It's the essence of leadership, as opposed to being "in charge", and Frist completely failed. As recently as Thursday Gordon Smith came aboard the nuclear option. Frist should have been working day and night to convince his people to go nuclear. Instead he was out having dinners with Harry Reid.

This is a failure of Frist's leadership, period. His weakness gave McCain and crew a shot at a "third way."

287 posted on 05/23/2005 7:19:02 PM PDT by Darkwolf (aka Darkwolf377 lurker since'01, member since 4/'04--stop clogging me with pings!)
[ Post Reply | Private Reply | To 272 | View Replies]

To: goldstategop
I disagree Denny.

Every candidate deserves an "up or down" vote. Get rid of filibusters because they are pointless.

288 posted on 05/23/2005 7:19:21 PM PDT by perfect stranger (I need new glasses.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: BobL

i didnt mean it like that.


289 posted on 05/23/2005 7:19:26 PM PDT by howlingmule
[ Post Reply | Private Reply | To 285 | View Replies]

To: howlingmule
What about DeWine?

There were seven scumbags in that cabal. They all need to be bounced on their asses when they come up for re-election.

The two brainless whores from Maine really turn my stomach. They never miss a chance to sabotage our efforts.

290 posted on 05/23/2005 7:20:00 PM PDT by Yankee
[ Post Reply | Private Reply | To 280 | View Replies]

To: Kath
I am not hysterical, you are.

Naw, this is just Super Secret, Super Genius plan number 12,346.

291 posted on 05/23/2005 7:20:34 PM PDT by itsahoot (If Judge Greer can run America then I guess just about anyone with a spine could do the same.)
[ Post Reply | Private Reply | To 232 | View Replies]

To: Lyford
"Sure. And after he's said it and they've ignored him, what's the next step?"

His next step is the stick part of carrot-and-stick. This is basic stuff here.

What, exactly, do people here think the leader of the Republicans SHOULD be doing if not...leading?

292 posted on 05/23/2005 7:20:59 PM PDT by Darkwolf (aka Darkwolf377 lurker since'01, member since 4/'04--stop clogging me with pings!)
[ Post Reply | Private Reply | To 272 | View Replies]

To: Lyford
"But if they filibuster in circumstances that we do not agree are "extraordinary" then they've broken the deal, and the "constitutional" option becomes viable again. Nothing's changed that makes it un-doable, except that the GOP has agreed not to do it. In exchange for which, the Democrats have agreed to certain behaviors. If they don't, the option goes back on the table...

Bingo. Both sides have an out and it puts the RINOS in a tough position. Being an optimist this would put the ball back in the RINOS court where they would then have the duty to break the deal if any nominee with top ABA ratings and strong homestate approval got nominated. One thing is for sure - all nominees will come from states that do not have a RINO due to the hold possibility by a home state senator.

293 posted on 05/23/2005 7:21:11 PM PDT by torchthemummy ("Sober Idealism Equals Pragmatism")
[ Post Reply | Private Reply | To 281 | View Replies]

To: mowkeka

When you think about it, Bush can nominate ANY of the judges that have been passed so far, to the Supreme Court. Democrats can't say they are "extrodinary" cirumstances because they were already passed.

When I think about it, I see a JRB filibuster being played by the donks if she is nominated to SCOTUS. Why? Well, SCOTUS makes different rulings as to what the law means, than does appeals. Because an originalist is not going to make law from the bench, and JRB is an originalist, the donks will say that putting her in the position to sit on the SCOTUS is extream, and the filibuster is justified. The RINOS, if bound by their pledge, are powerless to vote for the constitutionl option until the 106th. Nothing good will come of this. Nothing.

294 posted on 05/23/2005 7:21:16 PM PDT by Truth Table
[ Post Reply | Private Reply | To 239 | View Replies]

To: Lyford
But if they filibuster in circumstances that we do not agree are "extraordinary" then they've broken the deal, and the "constitutional" option becomes viable again. Nothing's changed that makes it un-doable, except that the GOP has agreed not to do it. In exchange for which, the Democrats have agreed to certain behaviors. If they don't, the option goes back on the table...

With all due respect, re-read the text of the agreement. Each Senator is allowed to make his own determination when it comes to the definition of "extreme". There's nothing in the agreement that allows the GOP Senators to back out of the deal if they don't agree that the situation is "extreme" ...
295 posted on 05/23/2005 7:22:11 PM PDT by tanknetter
[ Post Reply | Private Reply | To 281 | View Replies]

To: Lyford
"But if they filibuster in circumstances that we do not agree are "extraordinary" then they've broken the deal, and the "constitutional" option becomes viable again."

No they closed off that escape - by saying that each Senator can define "extreme" as he or she wishes. So if Patricia Owens is nominated to the Supreme Court, the Dems will, of course, call her extreme (for that level of the judiciary), and we will not. But what we think has no bearing, as we have no clause in the agreement that gives us the right to nuke the filibuster if we disagree with the Dem definition of extreme - in other words, if 51 Dems consider her extreme, then she is still extreme.

They've still got us. They had good lawyers for this deal.
296 posted on 05/23/2005 7:22:33 PM PDT by BobL
[ Post Reply | Private Reply | To 281 | View Replies]

To: ricks_place
I sure hope so. I am still very angry with McCain and Graham. Their freelancing weakened the Majority leadership and that could become a problem. My emotional response is one of anger and complete disbelief.

But I am really, really trying to use my head too. If we are fighting this same fight later in this administration, especially around 2006...I'm going to be pretty upset. If we have taken care of it and let the Dems save face...then I'm ok.

So ask me again when we go to appoint a Supreme who will not be replacing an already conservative one like Rehnquist. That is where the proof will be. And that is why I had hoped this would be over sooner rather than later.

297 posted on 05/23/2005 7:23:15 PM PDT by pollyannaish
[ Post Reply | Private Reply | To 279 | View Replies]

To: Still Thinking
Each "Congress" is the two year term of reps, so the 110th will begin when they're seated following the November 2006 elections.

Remember the RINOs in 2006

Senate RINOs opposing the nuclear constitutional option
Next Election Name State
2006 Snowe ME
2006 Chafee RI
2006 DeWine ME
2008 Graham NE
2008 Warner VA
2008 Collins VA
2010 McCain AZ

298 posted on 05/23/2005 7:24:02 PM PDT by Milhous
[ Post Reply | Private Reply | To 14 | View Replies]

To: romans828

If Chaffee switches parties, who would notice?


299 posted on 05/23/2005 7:24:06 PM PDT by kittymyrib
[ Post Reply | Private Reply | To 262 | View Replies]

To: howlingmule
"i didnt mean it like that."

I know that. Unlike the DU, we prefer democracy on this site.
300 posted on 05/23/2005 7:24:10 PM PDT by BobL
[ Post Reply | Private Reply | To 289 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 261-280281-300301-320 ... 381-400 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson