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.
Bolton was never part of this deal. Even the nuclear option was going to be tailored to only apply to circuit and supreme court nominations. In fact, I heard that it was only going to be for CIRCUIT COURT nominations, since "there has been no filibuster of a SC nominee yet".
The idea was "proportionate response". As opposed to "disproportionate retreat". Not that I am saying this was a retreat, or anything. I am of mixed feelings at this point. The proof is in what happens over the next two months.
I don't think Bolton is going to be filibustered. There are I believe 4 democrats who will vote for him. I have to imagine that those 4 could get one democrat to vote to for cloture. Voinovich is the only announced republican against, and he wouldn't support a filibuster after voting him out of the committee.
Thanks. I just got in and I'm trying to digest what happened.
It is fun to presume the evil of democrats, and the nobleness of republicans.
No matter how it is parsed, it is clear that the republicans blocked a lot of Clinton nominees in the 90s. Sure, we had the majority, and that is a very good argument for voting them down -- but we DID take the coward's way out by simply bottling them up, because we didn't WANT to vote.
If this agreement puts an end to the judge wars, I do believe we could get back to where President Bush could nominate the conservative equivalent of Ruth Bader Ginsberg and get confirmation.
I do believe that, whatever else this was, it is a repudiation of the political litmus test for judges.
NO President gets all their nominees. Even democratic presidents with huge democrat senate majorities didn't get ALL their nominees.
The cool thing about judgeships is that it isn't an ELECTION. If you get quick action on nominees, the president gets to keep picking them, the Senate can't put their own person in, except through consultation.
The President can take a gattling gun approach. Just keep sending up nominees, some will get through, get the vacancies filled. He's got his district courts full, and now he has to fill the appellate courts before 2009.
Senator Spector already said that there were judges in the process who wouldn't get 50 votes. Usually those nominees get quietly terminated, rather than embarrassing them. The Democrats made some hay out of that this week, but in fact a good number of the 61 who didn't get votes were actually SPARED bad votes. I would think the same would happen with some Bush nominees as well.
If we can't get ANY good judges nominated, then we should scream. But we shouldn't get back into a showdown over each individual PERSON being nominated. There is something bigger at stake.
Bush should jump on nominations. McCain is a pretty socially conservative guy still, so get his approval for some judges, and send them up. Get it going quickly while the "compromise" is still fresh.
John McCain is Digesting what Ted Kennedy just...
iow John McCain swallowed what Ted Kennedy was spewing
and in return we get another MSM mass orgasm
Viagra couldn't stiffen the spine of Frist.
Trent Lott Lives, Long Live the Failures of Trent Lott!
What are "extraordinary circumstances?" Holy spit, I don't think I have ever agreed to an online TOS contract with so many non-specifics!
I'm going to have to start writing in "Extraordinary circumstances" into all the contracts I sign. It's worth a shot.
I have felt for years that we keep electing guys because they let the court carry out their real positions. The congress could shut downs these judges anytime they want to.
You have to understand, this is an agreement amoungst pimps. They work in the worlds' largest, most expensive and (to this conservative) least satisfying brothel.
They proved they were all pimps when not one single one of them bothered to go to the Ford Building to look at the evidence against W.J. clintoon during his impeachment. So the male members of the senate are pimps, and the female members like the two communists from ca. are madams.
A good leader would have anticipated this. Stand back and watch there will be a challenge in the leadership pecking order.
While I appreciate his service to our country, he doesn't get an automatic pass because of it. imho.
I don't think he deserves respect based on his actions over the last couple of years.
John Kerry served our country also, but I don't respect his attitudes and actions.
McCain makes me ill.
Hugh Hewitt
http://www.hughhewitt.com/
Posted at 8:20 PM, Pacific with updates.
It is impossible to say whether this is a "terrible" deal, a "bad" deal, or a very, very marginally "ok" deal, but it surely is not a good deal. Not one dime more for the NRSC from me unless and until the Supreme Court nominee gets confirmed, and no other filibusters develop. I won't spend money on a caucus supporting organization when the caucus can't deliver a majority. Mark Kennedy and other Senate candidates with spines, but not for the NRSC.
Millions of dollars, in campaign contributions.
What do I win?
It isn't his fault. He did the best he could.
Bolton was never part of this deal.
He says he is disappointed they will not give all judges an up or down vote, but it does give the three most controversial ones a vote, which is why he is at least somewhat pleased.
What do you expect him to say?
I am not exactly very happy right now and hope he did all he could, including bribing them to try to get them to vote with him because I really do not want to see our SCOTUS nominees filibustered and I am worried that may happen.
But, the fact of the matter is, any Dem that possibly may have voted with us on the nuc option is in the compromise group. There is simply no way at all that we could have won on this by losing the Republican senators we have lost, and there is no way to have kept them aside from forcing them.
Unfortunately, Frist's hands are tied.
Has this been adopted? I hope not.
Part of the reason for this is because we are polarized into two parties, regardless of how they represent us. My reply was in an answer to just not voting any longer. I'd rather a third party gain strength that adheres to my political beliefs, than to support one that mollycoddles the party I disagree with, just to keep that party out of power.
With our RINOs caving in tonight, I have to ask, just who has the power in D.C.? We voted in Republicans, but the RATs still call the shots?
If Republicans won't act according to how we vote, then maybe it is time to lend support to those that will. Regardless, I don't see just not voting as a viable alternative. That is handing the opposition everything on a silver platter.
"We simply cannot give up. This is too important."
You have a good heart and you are right.
Its funny how easy it is to whine and see things as so difficult. Yet, just a few days ago I read an article about a guy in one of those little Arab countries. They started to loosen up their monarchy, so he started becoming outspoken. Then the monarch got scared and he ended up in jail. Recently, there was a thaw, this guy got released, and immediately became active in pushing for freedom.
We are so fortunate.
Free Republic itself is an amazing thing. However, it (and all Internet free speech) is also under direct attack via the attempt to extend McCain/Feingold to the Internet. This is one of my biggest concerns personally, that they would be able to shut all this great stuff down.
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