One potential agreement would guarantee that two of the nominees would be confirmed and the other five would be granted votes with no assurance of the outcome. Democrats are insisting that in exchange for clearing the way for two of the judges to be confirmed, Frist would have to promise not to seek to change the filibuster rule on judicial nominees through 2006. Under the negotiations, Republicans could choose which two nominees would be cleared.
Whoa. Wait a minute. Under this plan, Republicans would get to pick the two to be confirmed. This is not acceptable. They will pick the two worst judges, the two whom the Democrats most likely would succeed in blocking if they exercised the right to filibuster. Not good enough. Don't do it, Senator Reid.
Unfortunately, it sounds like Sen. Reid has already agreed to this.
The reasoning, of course, is that Democrats will agree to Bush's worst judicial picks now in order to preserve the right to filibuster a Supreme Court nominee later. But the agreement would only extend through 2006. Except for Chief Justice Rehnquist, all the other Supreme Court Justices probably could be persuaded to hold out till 2007.
This agreement presupposes that the Dems would lose the nuclear option. I don't agree. I think the Republicans are fearful that the next time the White House goes Democratic, without the filibuster option, they will be stuck with the Democrats' choice for a Supreme Court Justice.
Add to this the fact that the public is against changing the filibuster rules and Frist right now is short some votes. I would rather see the Democrats hold their ground than settle. The risk-reward ratio is too great.
The McCain-Nelson compromise is flawed for similar reasons:
In a related negotiation, both leaders are monitoring an effort led by two moderate senators, Ben Nelson (D-Neb.) and John McCain (R-Ariz.), to amass five other Democrats and five other Republicans who would assure that the two nominees are approved. Nelson, McCain and the 10 other senators are participating in ongoing talks, people on both sides of the negotiations said.
There are at least three nominees who are flat-out not acceptable: Priscilla Owen, Janice Rogers Brown and William Meyers. The Dems already lost this week on the fourth, William Pryor. Without a compromise, and with a filibuster right, the Dems could block them like they did last time.
Let the Democrats choose which two extremists will be confirmed, and I'll modify my position. Otherwise, I'm in favor of bringing the nuclear option to the people, through their elected officials.
Bottom line: The proposals now under consideration cross the line from compromise into capitulation.
