Dirty Deeds Done Dirt Cheap
GOP Senator John Cornyn is as insightful as ever on this topic:
Conservatives have good reason to be unhappy with the agreement announced last night concerning the Senate’s judicial-confirmation process. The agreement does not guarantee up-or-down votes on all of President Bush’s judicial nominees, nor does it restore the Senate’s unswerving 214-year tradition of majority vote for all judicial nominees. In addition, the agreement attempts to rewrite Article II of the Constitution, by giving the Senate an advise-and-consent role in the nomination, as well as the appointment, of judges (see here and here for more). Our objectives are still within reach, however. As one of the signatories to the agreement made clear last night, the agreement does not foreclose the use of the Byrd option in the event that the filibuster continues to be abused. Moreover, conservatives should be proud of the principled manner in which they have conducted this debate.
The other side’s position, by contrast, is an intellectual shambles. The agreement guarantees up-or-down votes to Justice Priscilla Owen, Justice Janice Rogers Brown, and Judge William Pryor — three well-qualified nominees who were once deplored as extreme and dangerous (as late as yesterday afternoon). The agreement is thus an effective admission of guilt — an admission that these fine nominees should never have been filibustered in the first place. Moreover, by forbidding future filibusters of judicial nominations except under “extraordinary circumstances,” the agreement establishes a new benchmark for future conduct in the United States Senate — namely, that other qualified judges who are firmly committed to the law, like Owen, Brown, and Pryor, deserve an up-or-down vote, too.
Given that virtually all of these Senate Democrats are arguing a position 180 degrees from their position on the exact same subject in 1995, and the MSM won't call them on it, I'm not sure how much has been gained here. After all, Robert Byrd led the effort to quash filibusters then, he's leading the effort to save this cherished institution now. Some "conscience of the Senate" he turned out to be.
Our buddy Pat over at Brainster's has a great take as well:
It's really on what happens in the future. Obviously Frist is the big loser today, for failing to keep his caucus in line. If this doesn't work out, the Republican mods will pay a stiff price, especially the ones with further aspirations (McCain & Graham). But it might work out. Remember this deal isn't with Harry Reid & Ted Kennedy, it's with Democratic mods like Joe Lieberman. And the reaction on the Left has not been triumphant as yet.
Yup, demoting Trent Lott and promoting Arlen Spector looks like a great move now, doesn't it?
Bulldog of the Ankle Biters is ready to bite the hand which feeds us over this debacle:
They ought to be ashamed. Every damned one of them. The sight of these RINO bastards smiling makes me literally ill. More to come. How does it feel to be sellouts? Mother-bleeping cowards. Talking about faith. I'm fuming. Sorry for the profanity.
Screw your "great institution" McCain (RINO-Media). Oh Geez, he's thanking Sheets Byrd. Vote for cloture for Brown, Rogers and Owen. What about the Rogers and Saad? Oh, that remains open. Great. Sickening. The President's nominees and the President himself got thrown down the river. At least give them the vote.
So this is how liberty dies, to the thunderous applause of Katie Couric.
The Prowler fiddles while the Senate burns:
"There is no way this agreement that breaks Democratic obstruction can be spun any way other than as a victory for Republicans and the Bush Administration," said a Republican Senate leadership aide late Monday night, regarding the agreement reached by 14 senators to avert a showdown vote on the so-called nuclear option that would have ended Democratic filibustering of Bush judicial nominees.
The parameters of the deal insure that six of eight obstructed Bush nominees to the federal judiciary will receive an up or down confirmation vote in the Senate. The three most opposed Bush nominees to the court, Priscilla Owen, Janice Rogers Brown and William Pryor, will not have their nominations blocked any longer; also, three other Bush nominees will eventually receive an up or down confirmation vote as well; the only two nominees who still may be filibustered are Michigan judge Henry Saad and William Myers.
Also as part of the compromise, the Democrat moderates promise to prevent any future filibuster of Bush appeals court and Supreme Court nominees. While Democrats were able to have their "extraordinary circumstances" clause inserted in the deal, no one anticipates that such a situation will arise, assuming Democrats keep their promise. And it appears that a number of promises were being tossed around the negotiation room on Monday afternoon.
Several Republican senators involved in negotiations swore that not only will the six Bush nominees be given an up or down vote, but that Democrats in the room were aware that Republicans involved in the negotiations had agreed to vote cloture on Myers as well, and that Democratic negotiators had agreed that such a move could take place, thus also allowing Myers an up or down vote in the Senate. "Assuming that our guys hold themselves to that promise," says another Republican staffer working on the Judiciary committee, "then we're looking at a clean sweep for confirmations."
Sure, and Snarlin' Arlen will fight for conservative nominees any day now, so chastened is he by his promotion and media praise.
Cap'n Ed's on the case:
What does all this tell us?
1. Saad got tossed under the bus, although it may come from a failed confirmation vote rather than a filibuster, no matter what Reid says. If Reid demands a filibuster and all seven Democratic signatories support it, it will qualify as "bad faith," resulting in a resurrection of the Byrd option. I think all seven GOP signatories agreed to oppose Saad in a floor vote.
2. Myers may also have been tossed under the bus, although it looks from this that it may still be left to the individual conscience of the Senators.
3. Other than that, it appears that we have returned to status quo ante with an implicit admission from the GOP that filibusters are legitimate, and a matching one from the Democrats that they abused it. "Extraordinary circumstances" will probably be deciphered as ethics problems and not ideology, although the language after Part II-B seems to warn the White House about nominating strict ideologues to the bench from now on.
What we don't know is how this affects the rest of the nominees in the pipeline. One has to assume that the agreement explicitly names all those considered to have issues, and that all other nominees will be treated in accordance with the new rules from the centrists. That will prevail for as long as they can remain united in defense of their agreement.
In short, this could be merely objectionable and not a debacle, depending on how the GOP signatories interpret "extraordinary circumstances". One must suspect that this has already been defined confidentially within the group, and like Sean Rushton surmises, ideology doesn't play a part in it any longer. Under no circumstances can this be seen as a good deal for the Senate majority or for Constitutional rule. The net effect is that an even smaller minority in the Senate has hijacked the confirmation process than we saw during the filibusters -- and like all tyrannies, we can only hope for benevolent despotism rather than disaster.
We can hope for much more---like Bill Frist growing gonads. Why do I pine for the days of Bob Michel's shaky hand on the reins of the GOP caucus? Has it really gotten that bad?
Well, at least the nostalgia for Benevolent Bob beats the weird yearning Democrats have for fictional senators.

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