Monday, May 23, 2005

Highwater mark of the theocracy? 

I think the deal is a win for us, and a win for Reid. It's also a win for McCain, and a big loss for Frist and Bush.

The text (Capitol Buzz via Kevin Drum) includes this on "extraordinary circumstances" on page one:

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 judgement in determining whether such circumstances exist.

And on page two, get this:

We believe, under Article II, Section 2, of the United States Constitution, the word "Advice" speaks to consultaion betweem 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 memnbers of the Senate, both Democratic and Republican, prior to submitting a judidicial 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.

Tell me that's not a slap at Bush for acting unilaterally.

So, all in all, a marginal win for our guys, but a win:

1. No rules changes (at least this session) by 51 votes.

2. Frist is going to be hung out to dry by Dobson because he couldn't deliver on all the nominees (see Drum, it looks like there's an unwritten codicil that not all the judges go through.

3. Bush gets slammed for not consulting in advance: That means the Republicans have no stomach for a brutal fight on Rehnquist's replacement.

4. Bush couldn't muscle 51 Republican votes. Quack, quack.

NOTE: Yeah, the judges, the judges. But ya know? Sometimes they do grow in office. After all Judge Greer in the Schiavo case was a good man, in addition to being a Republican and a Southern Baptist.

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