Senators Avert Showdown Over Filibusters

AP on Yahoo ^ | 5/23/05 | David Espo - AP

[NormsRevenge]

WASHINGTON - In a dramatic reach across party lines, Senate centrists sealed a compromise Monday night to clear the way for confirmation of many of President Bush's stalled judicial nominees, leave others in limbo and preserve venerable filibuster rules.

"In a Senate that has become increasingly partisan and polarized, the bipartisan center held," said Sen. Joseph Lieberman (news, bio, voting record), D-Conn., one of 14 senators _seven from each party — to pledge their "mutual trust and confidence" on the deal.

"The Senate is back in business," exulted Sen. Lindsey Graham (news, bio, voting record), R-S.C., reflecting the view that a showdown would have would have had a long-term detrimental impact on Congress' ability to conduct the nation's business.

Under the terms, Democrats agreed to allow final confirmation votes for Priscilla Owen, Janice Rogers Brown and William Pryor, named to appeals court seats. There is "no commitment to vote for or against" the filibuster against two other conservatives named to the appeals court, Henry Saad and William Myers.

The agreement said future judicial nominees should "only be filibustered under extraordinary circumstances," with each Democratic senator holding the discretion to decide when those conditions had been met.

"In light of the spirit and continuing commitments made in this agreement," Republicans said they would oppose any attempt to make changes in the application of filibuster rules.

While the agreement was signed by only 14 senators, they held the balance of power in a sharply divided Senate.

And Republicans said they would seek to confirm Owen as early as Tuesday, with other cleared nominees to follow quickly.

Even so, Majority Leader Bill Frist, R-Tenn., noted he had not been a party to the deal, which fell short of his stated goal of winning yes-or-no votes on each of Bush's nominees. "It has some good news and it has some disappointing news and it will require careful monitoring," he said.

Democratic leader Harry Reid of Nevada seemed more receptive — although he hastened to say he remains opposed to some of the nominees who will now likely take seats on federal appeals courts.

"Checks and balances have been protected. The integrity of the Supreme Court has been protected from the undue influence of the vocal, radical right wing," Reid said.

The White House said the agreement was a positive development.

"Many of these nominees have waited for quite some time to have an up-or-down vote and now they are going to get one. That's progress," presidential press secretary Scott McClellan said. "We will continue working to push for up or down votes for all the nominees."

The deal was sealed around the table in Sen. John McCain (news, bio, voting record)'s office, across the street from the Capitol where senators had expected an all-night session of speech-making, prelude to Tuesday's anticipated showdown.

Nominally, the issue at hand was Bush's selection of Owen, a member of the Texas Supreme Court, to a seat on the 5th Circuit Court of Appeals in New Orleans.

In fact, as the rhetoric suggested, the stakes were far broader, with Republicans maneuvering to strip Democrats of their right to filibuster and thus block current and future nominees to the appeals court and Supreme Court.

There currently is no vacancy on the high court, although one or more is widely expected in Bush's term. Chief Justice William Rehnquist's coincidental presence in the Capitol during the day was a reminder of that. At age 80 and battling thyroid cancer, he entered the building in a wheelchair on his way to the doctor's office.

Under a complicated situation in effect on the Senate floor, an agreement among six senators of each party was sufficient to avert the showdown. Six Democrats agreeing not to filibuster assured judicial nominees of a yes-or-no vote. Six Republicans signing the accord meant Frist and other GOP leaders would not have the votes to strip Democrats of their ability to filibuster.

The agreement came as Frist, R-Tenn. and Reid, D-Nev. steered the Senate toward a showdown on Bush's nominees and historic filibuster rules, under which a minority can prevent action unless the majority gains 60 votes.

For decades, Senate rules have permitted opponents to block votes on judicial nominees by mounting a filibuster, a parliamentary device that can be stopped only by a 60-vote majority.

But Republicans, frustrated by Democratic filibusters that thwarted 10 of Bush's first-term appeals court nominees and prepared to block seven of them again, threatened to supersede that rule by simple majority vote.

[NormsRevenge]

Senate Majority Leader Bill Frist, R-Tenn., in this image from video, speaks on the Senate floor Monday, May 23, 2005, on Capitol Hill in Washington after centrist Republicans and Democrats reached a compromise to avoid a showdown on President Bush's stalled judicial nominees and the Senate's own filibuster rules. (AP Photo/APTN)

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Even so, Majority Leader Bill Frist, R-Tenn., noted he had not been a party to the deal, which fell short of his stated goal of winning yes-or-no votes on each of Bush's nominees. "It has some good news and it has some disappointing news and it will require careful monitoring," he said.

[sport]

The Republicans got their ass handed to them by the Democrats one more time.

[Archidamus]

"The Senate is back in business," exulted Sen. Lindsey Graham"

What a let down from the South Carolina Senators of the past.

[Paul Atreides]

"Checks and balances have been protected. The integrity of the Supreme Court has been protected from the undue influence of the vocal, radical right wing," Reid said.

Thanks a lot, Rhino traitors.

[NormsRevenge]

"The Senate is back in business," exulted Sen. Lindsey Graham (news, bio, voting record), R-S.C., reflecting the view that a showdown would have would have had a long-term detrimental impact on Congress' ability to conduct the nation's business.

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Appeasionist SOBs, the whole damn group of them.. making their own lives more convenient while the Republic is under attack.

[Paul Atreides]

The White House said the agreement was a positive development.

This new tone bull is really wearing thin.

[Archidamus]

"The Republicans got their ass handed to them by the Democrats one more time."

With lots of help from McCain.

[IMRight]

The Republicans got their ass handed to them by the Democrats one more time.

I'm not ready to say that at this point. I can tell you the other side looks just about at incensed by the "deal". We'll have to see what happens from here, but reading the actual agreement... it doesn't seem nearly as bad as first spun.

[catpuppy]

The Republicans got their ass handed to them by the Democrats one more time.

Actually, the Republicans voluntarily surrendered it since, without backbone or b@lls, it didn't serve any purpose. What a miserable bunch of RINOs.

[G Larry]

Guess its time to drum up support for the Communist Party.
No doubt about what we'll get.
Certainty in legislation.
No anxiety in a long decline.

Only alternative is a "pants down" litmus test.
Nobody can be nominated as a Conservative candidate unless the scale tips at 5 lbs.

[dufekin]

The White House (and the rest of us) ought to rejoice in that we conned the Democratic MAJORITY into agreeing (revocably and tentatively) to permit even a few judicial nominees to receive the dignity of a vote on consent in the Senate. We've been fighting for these nominees for years; now we finally might get a vote.

And the Republican minority sought only a clarification, not a rule-change, that insofar as concerns judicial nominees, they actually constitute the majority. We'll continue to fight for the remaining nominees over the coming months and years. But we got one small part of a victory tonight, and a few judges might get their confirmation votes if we can get them before the majority Democrats' offering faces expiration, retraction, or repeal.

In any case, Henry Saad would not be entitled to any vote whatsoever, because his nomination is subject to a "hold," a parliamentary procedure that a home-state senator can issue to suspend singlehandedly any consideration of whether to debate whether to grant him the courtesy of a debate that might lead to a vote.

[Charles H. (The_r0nin)]

I'm not ready to say that at this point. I can tell you the other side looks just about at incensed by the "deal". We'll have to see what happens from here, but reading the actual agreement... it doesn't seem nearly as bad as first spun.

Bull! Name one thing that the Republicans gained from this that they don't already have. Then do the same for the Dems. That will clearly show the Dems have won.

What did the Republicans gain? Nothing. With no deal they would have broken the filibuster and gotten a vote on all 7 nominees. Frist had the votes (you could tell by the way the Dems were acting). Now those RINOs who didn't want to face the hard choice of voting with their party (and angering their "friends" across the aisle) or of backstabbing their party (and facing the consequences) now get an easy way out. And nothing has been resolved for USSC nominees.

What did the Dems gain? They would have lost on all seven nominees... now they only lose on 3 and they are guaranteed not to have anyone break a filibuster of the other 4. Plus, they still get to use the filibuster against USSC nominees!

Sorry, but you are wrong. The Dems won this one...

[GEC]

This is ridiculous.

We need to take out McCain and the others at the earliest electoral opportunity.

Obviously, McCain's presidential bid is done, but we need to get these guys in the primaries.

If one of these 7 is Specter, I can only say, "I told you so," to the President, Santorum, and those who figured that a bird in the hand was worth two in the bush.

Now we have no birds on the Supreme Court.

This is a complete disaster.

[26lemoncharlie]

It's the New World Order "Compromise". Everytime there is a compromise our Country is placed in jeapordy. We have COMPROMISED away so much of our US Constitution, we will soon have no more rights!

The Republicans asked for a majority and received it, but continue to squander away the TRUST the American People placed in them to turn the tide of the Progressive Liberal Democrats.

[vaudine]

I emailed Graham and more or less told him to enjoy the media attention while he can. Told him it was too little, too late and that if he trusts the Dems, his name is Virginia and there is a Santa Claus.

Also emailed Frist and said it was too little, too late and that the worst part was that after destroying reputations for years, the Dems get to save face without being required to give an abject apology to all the judges they trashed.

Also emailed McCain and said about the same as above. Told all of them the Dems are vicious liars and they should already know that.

vaudine

[get'emall]

I want names.

Now.

[Sgt_Schultze]

G'Bye Lindsey. You'll need to run as a democrat next time.

[FreePaul]

Am I missing something in this "agreement."
1. Three nominees will be voted on instead of filibustered as the Democrats intended.
2. Anything else is still up in the air and may or may not be filibustered as was the case before the compromise.

Looks as if Frist may have had the votes to kill the filibuster so the compromisers decided to go ahead and vote. Am I wrong?

[Charles H. (The_r0nin)]

You missed a point:

2. Anything else is still up in the air and may or may not be filibustered as was the case before the compromise, with the guarantee from the Republican moderates that, if the Dems do decide to filibuster, the moderates will prevent the Republicans from using the nuclear option.

That's a HUGE concession...

[G Larry]

Just sent tailored versions to key RINOs:

Time to resign your position.
Your lack of courage in this critical Judicial issue is a disgrace!
5 years have been wasted only to reach an agreement with the devil. The Democrats will NOT honor their agreement. They will find EVERY nominee "extreme".
My time and money will NOT be spent on increasing the number of so called Republicans in the Senate, but in replacing all who have demonstrated such extreme lack of courage and conviction.
YOU are first on the list to be replaced!