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Time will tell the whole story, but I agree with you by in large. The net effect of the deal was the "Republican 7" talked 7 donks into breaking with their caucus on the cloture vote. This agreement damaged the Democrat caucus and strengthened the Republican caucus. If the Republicans would have pulled the nuclear option, it could have destroyed the Republican majority if it didn't get 51 votes and effectively ended the Bush presidency. As to the "extraordinary circumstances", absent that clause, the donk 7 would have essentially been agreeing to vote for the nuclear option. This clause gives the donks a way to crawl back in from the cliff Kennedy et. al. walked them out on. The donk 7 know full well if they do not vote for cloture on a judicial nominee that all 7 republicans will vote for the nuclear option assuring it will pass.

The donks are in checkmate on judges. My money says Frist was in on this deal. Lindsey Graham is but a carrot on Frist's big stick that he will use to beat the donks with if the 7 ever fail to vote for cloture.

All the deal did was let the donks lose with dignity.

I was so flamed for suggesting the same on Tuesday.

Time will tell the whole story, but I agree with you by in large. The net effect of the deal was the "Republican 7" talked 7 donks into breaking with their caucus on the cloture vote. This agreement damaged the Democrat caucus and strengthened the Republican caucus . . . . The donk 7 know full well if they do not vote for cloture on a judicial nominee that all 7 republicans will vote for the nuclear option assuring it will pass.

You could be right. But it sounds altogether too Panglossian for me. Your argument rests on the assumption that the 7 'moderates' actually want conservative justices on the Supreme Court--they just didn't want to vote for the nuclear option. Thus, the argument goes, the compromise frees them from their scruples about the nuclear option and they are now free to vote for the conservative justices they truly want.

I have a really hard time with that assumption. I think the problem is that the moderates DON'T WANT conservative justices any more than does Harry Reid. So the compromise is really a well conceived and executed plan to let them defeat conservative nominees and buy some political cover as 'centrist peace makers.'

A sufficiently ruthless game plan can probably break this coalition. But sitting around waiting for Karl Rove's master scheme to unfold will result in a supreme court that is no different than today's supreme court. There was no master scheme. The 48 real R's were had by a moderate putsch. All the momentum now is pushing everyone toward a continued activist court. Without a concerted effort by the administration, senate leadership and conservatives burning up the phone lines to the wobblers, that's just what we will get.

I usually counsel moderation in response to most political developments. But now is the time for white-hot anger aimed straight at the seven and at the Senate Leadership for blowing this. They need to feel the price we will make them pay if we have 20 more years of an activist court driving this country to the left. That is, if a conservative court is important to you.