[BobL]

" Democrats can't say they are "extrodinary" cirumstances because they were already passed."

I thought about that also. Bush can try, but the Dems still get the final word. After all they can say something like: "No she's not an extremist at the appellate level, but she would be at the Supreme Court level." And then there isn't a thing we could do.

Believe it or not, I've also been trying to find a silver lining to this deal, 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 really looks like they will be able to ride out Bush's second term without losing control of the courts - an amazing feat, given their minority status all through Washington.

[handy]

You hit the nail on the head. Good post.

[Lyford]

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...