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.
This is Frist's fault.We didn't we ever make them hold the floor?
Perhaps the senators need to go back and read the Constitution. The President is under no obligation to get the consent of the Senate to send a nominee up for a vote.
Frist's remarks on the floor just now tell me he's accepted the deal.
Nothing (excebt lack of balls) to stop the Pubbies from unilaterally repudiating the agreement if they feel the Dems are acting in such bad faith as to render the agreement invalid. That's what the lefties would do.
So we'll find out tomorrow what this agreement amounts to.
This is a sellout, pure and simple. The RINO signatories to this agreement should be made to pay dearly for this treason. I suggest that Bush and the RNC announce their intention to actively campaign against the re-election of each and every RINO signatory.
Why didn't we make them hold the floor?
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
In a sense he did. If the GOP discipline held, it'd be a massive humiliation and all the judges would have gone through. At least he has a PR victory.
I'm assuming the plan is McCain/Graham vs. Hitlery/Obama in 2008.
They may find "extraordinary information" overnight on Owens. Would anyone be surprised?
Two years. It will end with the election in 2006 and the 110th Congress will be seated in January, 2007.
"Nominees should be filibustered only under extraordinary circumstances"
I'm sure the Dems will claim extraordinary circumstances to be defined as the nomination of any "conservative Republican" .
He is not the Majority Leader if he cant LEAD 51 (GOP) senators.
I will vote for any conservative who runs against John Warner next time.....even if he's dead!
Yep. Now they're arguing about who gets to speak on the Senate floor to crow about their deal. Sen. Allard is getting the shaft. He was scheduled to speak now.
I don't see it. Running the senate's like herding cats. If those 14 Senators make the agreement that they've made, there's not thing one that Frist (or Reid) can do about it. Reid can try to maintain the filibuster, but without those "moderate" Democrats, the cloture vote will pass. Frist can try to change the rules, but without those "moderate" Republicans, he can't. I don't see this deal involving Frist or Reid at all.
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