23 May 2005 Truthout
Agreement preserves Senate rules, clears way for nominee votes.Washington - Averting a showdown, 14 centrists from both parties in the Senate reached agreement Monday night on a compromise that clears the way for confirmation votes on many of President Bush's stalled judicial nominees, leaves others in limbo and preserves venerable Senate filibuster rules.
"In a Senate that is increasingly polarized, the bipartisan center held," said Sen. Joseph Lieberman, D-Conn.
"The Senate is back in business," echoed Sen. Lindsey Graham, R-S.C.
"We have reached an agreement ... to pull the institution back from a precipice … that would have had damaging impact on the institution," said Sen. John McCain, R-Ariz., at a news conference where the agreement was announced.
Officials from both parties said the agreement would clear the way for yes or no votes on some of Bush's nominees but make no guarantee.
Under the agreement, Democrats would pledge not to filibuster any of Bush's future appeals court or Supreme Court nominees except in "extraordinary circumstances."
For their part, Republicans agreed not to support an attempt to strip Democrats of their right to block votes.
The two-page memorandum of agreement said it is "based upon mutual trust and confidence."
Under the terms, Democrats would agree to oppose any attempt to filibuster — and thus block final votes — on the confirmation of Priscilla Owen, Janice Rogers Brown and William Pryor. There is "no commitment to vote for or against" the filibuster against two other conservative nominees, Henry Saad and William Myers.
Senate Republican leader Bill Frist had made Owen a test vote in a bruising showdown over the fate of several appeals courts nominees that Democrats blocked in the past and had threatened to block again. Owen, a Texas Supreme Court justice, is nominated to a seat on the 5th Circuit Court of Appeals in New Orleans.
With the series of climactic votes set for Tuesday, senators of both parties met in McCain's office for a last stab at compromise.
"I think it's a positive step to be able to set aside the 'nuclear option' and also get as many judges as we can in these circumstances an up-or-down vote," said Sen. Ben Nelson, D-Neb., at the news conference.
It was not immediately clear how the agreement would affect plans for an all-night Senate session, or how quickly Republicans would push for confirmation of Owen.
The compromise drew the support of six Republicans and six Democrats at a minimum, although the names were not immediately available.
Under a complicated situation in effect on the Senate floor, that meant that Democratic opponents would lack the support needed to sustain a filibuster against Owen and other nominees. At the same time, it meant Republicans would not be able to strip Democrats of their ability to filibuster.
Under the signed agreement, the senators vowed that the filibuster on judicial nominees will only be used in the future "under extraordinary circumstances."
"And each signatory must use his or her own discretion and judgment in determining whether the circumstances exist," they wrote.
Filibusters, or the threat of them, are routinely used to derail or force compromise on legislation. Yet they rarely figured in consideration of judicial nominees until Bush took office in 2001.
Democrats defend the filibuster as a check on the power of the majority.
Statement of Democratic Leader Harry Reid t r u t h o u t | Statement
Monday 23 May 2005
There is good news for every American in this agreement. The so-called "nuclear option" is off the table. This is a significant victory for our country, for democracy, and for all Americans. Checks and balances in our government have been preserved.
The integrity of future Supreme Courts has been protected from the undue influences of a vocal, radical faction of the right that is completely out of step with mainstream America. That was the intent of the Republican "nuclear option" from the beginning. Tonight, the Senate has worked its will on behalf of reason, responsibility and the greater good.
We have sent President George Bush, Vice President Dick Cheney and the radical arm of the Republican base an undeniable message: Abuse of power will not be tolerated, and attempts to trample the Constitution and grab absolute control are over. We are a separate and equal branch of government. That is our founding fathers' vision, and one we hold dear.
I offered Senator Frist several options similar to this compromise, and while he was not able to agree, I am pleased that some responsible Republicans and my colleagues were able to put aside there differences and work from the center. I do not support several of the judges that have been agreed to because their views and records display judicial activism that jeopardize individual rights and freedoms. But other troublesome nominees have been turned down. And, most importantly, the U.S. Senate retains the checks and balances to ensure all voices are heard in our democracy and the Supreme Court make-up cannot be decided by a simple majority.
I am grateful to my colleagues who brokered this deal. Now, we can move beyond this time-consuming process that has deteriorated the comity of this great institution. I am hopeful that we can quickly turn to work on the people's business. We need to ensure our troops have the resources they need to fight in Iraq and that Americans are free from terrorism. We need to protect retiree's pensions and long-term security. We need to expand health care opportunities for all families. We need to address rising gasoline prices and energy independence. And we need to restore fiscal responsibility and rebuild our economy so that it lifts all American workers. That is our reform agenda, the people's reform agenda. Together, we can get the job done.
The 14 Senators who forged the compromise included: on the Republican side, Mr. McCain, Mr. Graham, John Warner, Olympia Snowe, Susan Collins, Mike DeWine and Lincoln Chafee, and on the Democratic side: Mr. Lieberman, Mr. Byrd, Ben Nelson, Mary Landrieu, Daniel Inouye, Mark Pryor and Ken Salazar.
