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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.

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.

There you have it. The undersigned have promised to allow the democrats to fillibuster any judge Bush puts forth for SCOTUS in the 109th Congress.

This makes me sick. Bleeecch!

What a perfectly horrible deal. The GOP gets nothing except 3 judges in exchange for agreeing to take the nuclear option off the table for the balance of this Senate term. That means it cannot be used for a SCOTUS nominee to replace Reinquist or otherwise for this term. Moreover, the agreement that filibusters should not be used except rarely, does not commit anyone to vote for cloture if it is not used rarely, just that they will not filibuster.

As I said, this is a horrid deal.

So, other words, we win on three judges and the rest are still to be determined. We can nuke them then if necessary.

We threw noone overboard. We won on every judge on the floor today. We reserve the right to nuke them if necessary.

It's not a total surrender by the Democrats, but it's tantamount to it.

At the very most, it's a face saving measure for them. Surrender with dignity.

This is poison:

""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.""

Since when has the President had to "consult" with anyone before he submits a nomination to any office? There is no precedent for consulting with the opposition Party.

"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 are screwed. The 'Rats can filibuster any SCOTUS nominee and the RINO's have promised to vote against the nuclear option when this happens.

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 is first lie.

We have agreed to the following:

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).

This is where the "moderate Republicans" give up their best ammunition and give the duplicitous Democrats their much needed plausible deniability.

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.

This is where the "moderate Republicans" lift their skirts and let the Democrats have them for the full measure.

B. Rules Changes....we commit to oppose the rules changes in the 109th Congress....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.

This is where the Republican scoundrels have sold out the Republican base as well as the entire nation, by rewriting the Constitution before our eyes. What they now demand is a "vetting list" of (only Republican) nominees, wherein the most conservative (=constructionist) nominees will never even make it INTO committee.

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.

Here is the second major lie.

Well, there it is. The autopsy of a sell-out. Why any conservative would vote for any of these Republican sellouts is beyond me.