Text of Filibuster Deal

Received via e-mail | Monday, May 23, 2005 | Rats and Rinos

[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.

[Still Thinking]

If you take the language of the agreement literally (and what Democrat would do a thing like that?) Owens doesn't fall under the "extraordinary circumstances" clause. She is one of three who explicitly gets a pass. The EC thing is for future nominees and those not named specifically in the agreement.

[Keith in Iowa]

>>>The Majority Leader does not have to accept this.

But he did. And if he had a molecule of testicular fortitude, there would have been no need for this deal. The 'Rats would be actually filibustering, not just threatening to do it and have the 'Pubbies cowering at the threat.

[DakotaRed]

I won't contribute any more money to the RNC and I won't be voting in 2006.

No need to drop out, there are some parties coming along that may be an answer to restoring our constitution. There's the Constitution Party, Independents, a new Veterans party just organizing. If Republicans keep stabbing us in the back, maybe we need to lend support to a third party.

[rollo tomasi]

push there agenda=push their agenda.

Face it, we do not have a conservative Congress even with Rebups in the majority.

[NonValueAdded]

Maybe in their dreams.

[docbnj]

This is a travesty! A phoney nothing of a "deal." It means that the problem has not gone away: a resolution is just postponed.

What a bunch on self-righteous, smug idiots put this together!

While I was driving, I heard Sen. Byrd (D-WVa) on the radio, and he almost made me barf and run off the road. He says that they just saved the Republic. The others were bowing and scrapping to their senior. I guess senility pays.

[goldstategop]

Yes... and the Democrats were desperate to avert a total wipeout. That's why they kept offering deals. If they thought they had the vote in hand, they would kept obstructing a vote on those three Bush judicial candidates. When push came to shove, it was a political calculation on the part of the Democrats to keep their powder dry for the inevitable Supreme Court battles. If the rule went, they'd have none left, would they? Its over for them as far as this phase of the battle goes and it shows as a minority party, they had their backs to the wall.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[listenhillary]

90% of DU and 90% of FR are going to switch parties or quit voting. Status quo maintained?

[Moral Hazard]

Republican signatories up for reelection in 2006:

Michael DeWine, Oh
Susan Colling, Me
Lincoln Chafee, RI

I think it's important to make sure that all three of these nominees face serious primary challenges next year. After all, despite his rhetoric you don't see Arlen Specters name on this list anywhere. Republican Senators don't believe there's any negative consequence to selling out their party. It's time they were shown different.

[SERKIT]

I'm assuming the plan is McCain/Graham vs. Hitlery/Obama in 2008.

I think it may be Hillary/McCain for the Dems in 2008.

[Jokelahoma]

He has no choice at this point. He's been sold out by members of his own party. If he pushes the "nuclear" option at this point, it'll fail. He's had the rug yanked right out from underneath him. Nothing short of betrayal, in my opinion, especially when they leave the option for the Democrats to again filibuster other nominees. All they have to do is meet some arbitrary, Democrat defined measure of "extreme", and it's back on.

When will these people learn you can't make deals with snakes? Every, and I do mean EVERY one of the RINOs who brokered this self-destructive "deal" need to be voted out next time around. I hope Frist does what little he can at this point to make their legislative lives as uncomfortable as possible.

[jess35]

Senator Byrd changed the Senate rules multiple times to break filibusters. That senile old coot should have had it thrown back in his face.

[EllaMinnow]

Thank you for making sense.

[dfwddr]

Excuse me guy and girls, but this is a deal worked out by a group of Senators and not the leadership, so before you jump on Frist you need to read what is going on. The Majority Leader does not have to accept this.

Frist could have solved this a couple months ago, but he played his lame duck a$$ too loud and too long. He has just committed political suicide, whether knowingly or not. Here in TN, many think it was on purpose.

[gobucks]

Are they not both Masons?

[BobL]

...so we get votes on 3 of 7 judges (i.e., maybe lose 4 PERFECTLY qualified judges), and the Dems get to continue to use their illegal tactic at will.

If that's a victory for us, then you're a troll.

[Gunslingr3]

The problem I see is that "extraordinary circumstances" are left to the lefties discretion, and no matter who they block, their compliance with the agreement is not measurable, while that of the Republicans is.

Traded something for nothing, does that mean Frist didn't have the votes?

[July 4th]

If we're going to stick to this agreement, we had best MAKE THE DEM BASTARDS ACTUALLY FILIBUSTER rather than just talk about it.

[goldstategop]

True. Basically the middle took over in the Senate and told the partisans to sit down and shut up. Its not going to make the guys who want a barroom fight in both parties happy. Whether the agreement means that President Bush's nominees are going to get the up and down vote they deserve remains to be seen. But at the end of the day, Dingy Harry knew he was outmanuvered and took the deal he could get.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[Still Thinking]

Traded something for nothing, does that mean Frist didn't have the votes?

Votes or balls, I'm not sure which.