Publius2000

"Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.--Let those materials be moulded into general intelligence, sound morality, and in particular, a reverence for the constitution and laws" --Abraham Lincoln, speaking on "The Perpetuation of Our Political Institutions" Address Before the Young Men's Lyceum of Springfield, Illinois, 1838

Tuesday, May 24, 2005

The Deal...The Fallout

Confirmthem.com has a great survey of reactions and analysis of the "Monday Night Mischeif" where moderates of both parties pieced together a compromise deal on Judicial nominations...

The Deal Stinks Perspective...

From Confirm Them.com:

"Hugh Hewitt wonders:


It is impossible to say whether this is a “terrible” deal, a “bad” deal, or a very, very marginally “ok” deal, but it surely is not a good deal.

It’s terrible, Hugh.

1. Democrats agree to allow votes on three nominees, but make no commitment on the others. [It’s amazing how a minority of Senators is able to dictate terms to a fairly large majority.]
2. Democrats reserve the right to filibuster: “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.”
3. Republicans give up any check on the minority’s power: “…we commit to oppose the rules changes in the 109th Congress.”

The commitment to oppose rules changes is unconditional. There is no out clause such as, “We commit, so long as Democrats are not abusing their discretion in our eyes. ” Instead, it says, “We trust that the Democrats won’t filibuster Luttig, McConnell, Estrada, Alito, or whomever is nominated to the Supreme Court unless they, in their own discretion, decide they want to. For our part, we put it in writing that we won’t support any rules change because our trust in those Democrats is absolute. Trust but verify? Nah. That’s mean. We just trust–period.”


The Upside perspective....

Again from Confirmthem.com:

"Much hand-wringing on all sides, in wake of the McCain for President Announcement compromise on judges. Many on both sides think they’ve lost.

This is a bad deal, no question. It undermines Senator Bill Frist, Senator McConnell - and frankly, the entire Senate leadership.

On the other hand - Democrats are surely screwed. They get their little scalps - Myers and Saad will not soon see the inside of an appellate court. But the Democrats have simply grabbed enough rope to hang themselves.

Why? Because they’ve defined extraordinary - if not specifically, by who they’ve “allowed” on the courts to date - and when Chief Justice William Rehnquist retires on June 27th of this year - all President Bush need to do is select one of the 30-some odd appellate juddges confirmed since he took office and elevate him/her to the Supreme Court. In that case, the Democrats have completely surrendered any opportunity to block such a nominee on any grounds.

Plus, it doesn’t hurt that Nan Aron, Ralph Neas, Nadine Strossen, and the New York Times will be nursing some wicked headaches in the morning.

P.S. John McCain is dead to me."

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