Fourteen "moderate" senators announced an agreement that will, for now, eliminate the need for implementing a Senate rule change that would ban filibusters for judicial nominees.
The group of senators was led by presidential hopeful John McCain (R-AZ) and Ben Nelson (D-NE). Nelson will face a bitter battle for his senate seat in the next election.
The agreement will allow votes on Janice Rogers Brown, Priscilla Owen, and William Pryor to appellate court positions. Democrats and liberal groups have labeled these three nominees as the most conservative in history. There is no agreement on the nominations of Henry Saad and William Myers. They could be blocked by a potential filibuster.
The agreement also states that future judicial nominees, including Supreme Court candidates, will not be filibustered except in "extraordinary circumstances." What constitutes an "extraordinary circumstance" is up to the individual senator. In other words, and nominee of President Bush.
Sen. John McCain (R-AZ) said the agreement was made with "trust, respect, and to protect the rights of the minority."
Speaking as a Republican Sen Mike Dewine (R-OH) said the filibuster had been used too many times in recent years and his expectations are the agreement "will work."
Notable by their absence were Senator Majority Leader Bill Frist (R-TN) and Senate Minority Leader Harry Reid (D-NV). Neither have agreed to the compromise.
For the moment the nominations of a few judges will go forward. The acrimony between the Republicans and Democrats will continue. With Sen. Robert Byrd (D-WV) a part of the agreement, it is likely that it will not work in the long-run. Byrd is not known for his ability to maintain an agreement within his party let alone with Republicans.
If, and when, Byrd or one of the other Democrats decides to filibuster a nominee, Republicans will have the opportunity to begin the process to change Senate rules.
One affect of the judges selected for confirmation without filibuster is the White House can nominate judges with similar views and records. An attempt to filibuster of block any new nominee would have the Republicans pointing out the hypocrisy of the Democrats and their selective memory.
For the "moderate" senators their could be backlash from Senate leadership, the party, funding groups (legal and illegal), and the voters. They have chosen a very dangerous course to continue their Senate career.
This reporter's prediction is that Robert Byrd (D-WV) will be the first to renege on the agreement during any future debate on nominees to the Supreme Court.
More tomorrow.
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