Hard Things
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.
Well, everybody's flippin' out. I got the above from the Free Republic site and a lot of the people making comments over there are livid. A lot of the people making comments on Kos and AmericaBlog are livid too.
I've never really bought the old adage that if both sides are outraged then that means it's a genuine compromise. Sometimes it just means that both sides are really pissed off, but that one side really ought not to be quite as pissed off as the other.
The filibuster is preserved through the end of the 109th Congress. Frist is screwed. The Legislative branch has pushed back the Executive branch. The Senate stood up to the religious right.
It's true that the Republicans can go back on their words and help the filibuster get busted later by saying, well, the Democrats didn't reserve the filibuster for "extraordinary circumstances". Though I be a cynic, I don't believe they will renege. I believe a group of Senators actually took their responsibilities seriously today. I think this is an important moment in the life of the country.
Yes, I could be wrong. But I believe these Senators have risked much to make this deal and that they did it because they really do believe in the protection of the rights of the minority and in the deliberative nature of the Senate. I don't think they will go back on what they've done. Yes, I could be wrong. But I don't think I am. I hate that the three judges are getting through, but I like that in this day and age a group of Senators were willing to do this thing.
Do not forget the times we live in. These 14 Senators could have done the easy thing and gone along with their leaderships. They didn't. Instead, they did a hard thing, given the times we live in and the circumstances we face, and I'm glad of it.
The religious right lost. I think they lost big. I think that is our victory here, and -- for the moment, at least -- we should not crap on it too much.
Read this part again:
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.
That's seven Republicans telling the President to start sending up better nominees. That, no matter how you look at it, is a victory for our side. That's seven Republicans telling the President that they are willing to push back. That's seven Republicans telling the President he should pay attention to the minority.
Does that mean Bush will nominate liberals? No way. Does it mean that he might have to nominate somebody who might actually look something like a judge? I think so. We lost the election remember. We are in the minority. This isn't bad for a minority. I wish it was better for us, but it's not. I'll take this, given the alternatives. I'll take it gladly.
Sorry if I'm supposed to hate this or something, but I don't.
Crap? No. But still: what a dark day, when Judges Pryor, Owen, and Brown can be considered "ordinary circumstances"; can be considered, God help us, a victory.
Long way yet to go.
Posted by: Kip Manley | May 23, 2005 at 10:58 PM
It's true. A very long way to go. Brown is the most horrible cuz she's on the D.C. Circuit. But still. I guess the Religious Righties are really flipping out.
As well they should be. They just found out there are limits. The full extent of those limits remain to be seen, of course. But for my part, I'm just happy to see some limits, any limits cropping up somewhere.
I think the public will like this compromise and will turn against anybody who tries to screw around with it, or even bad mouth it. That's good. That's very good for us, and bad for the religious righties.
Again... keeping in mind the circumstances we find ourselves in at the moment...
Posted by: Corpsy | May 23, 2005 at 11:12 PM
I've heard a lot of those angry at Hon. Sen. Frist, but the strange thing is that he did exactly what they wanted, i.e., taking an all or nothing approach. What was Frist supposed to do?
One the other side, about what (and at whom) are Democrats angry? The alternative was all the nominees getting "up-or-downs." Parenthetically, I note that no one seems to comment on the importance of the fact that some of these nominees wouldn't have been confirmed anyway, and that this maneuver saves face for many Republicans.
Posted by: JHM | May 24, 2005 at 12:14 PM
...some of these nominees wouldn't have been confirmed anyway...
Oooo, info please. Which ones have you heard would not have been confirmed? I don't know what information to trust on any of that. I sort of think that if they'd killed the filibuster, all 10 would have gone through. Why wouldn't they, I ask myself.
I guess the Democrats are angry that the facedown wasn't pushed all the way to the limit, such that a vote came on the filibuster. I think that was playing with a huge pile of dynamite, for various reasons.
Posted by: Corpsy | May 24, 2005 at 12:24 PM
Despite the pending approval of the three arch conservatives, I'm relieved that some level heads have intervened to prevent a serious crisis. And I am very happy that the religious right has finally stubbed its legislative toe against solid centrism that will be hard to brand as anything but (despite the echo chamber's attempts already in progress to convince everyone otherwise).
As usual, the far right is squawking like 2-year-old who has had his sucker taken away. They're acting like they lost when in fact they've won a moderate victory considering the way in which the country is actually fairly evenly split.
Posted by: Bob Dively | May 24, 2005 at 01:00 PM