Details are sketchy, and everything will be clearer in the morning, but it looks like an 11th hour compromise has been reached that will avoid the nuclear option.
Senators from both parties reached a compromise Monday night to avoid a showdown on President Bush’s stalled judicial nominees and the Senate’s own filibuster rules.
“We have reached an agreement … to pull the institution back from a precipice … that would have had damaging impact on the institution,â€? said Sen. John McCain, R-Ariz., at a news conference where the agreement was announced.
Earlier, officials from both parties, speaking on condition of anonymity, 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.
As part of the deal, Dems will end the filibuster of Priscilla Owen, whose nomination will be approved by the Senate soon.
Again, because details are limited at this point, it’s hard to say with certainty who benefits most from the deal or even judge the compromise on the merits. I can, however, say that the fact that a deal has been reached is a significant defeat for Bill Frist, who put himself on the line to make the nuclear-option vote a reality. Enough of his caucus saw him going in the wrong direction, so they cut the legs out from beneath him.
If even one Bush nominee is left out of the confirmation process as part of this deal, the far right will be apoplectic — and they’re likely to hold Frist responsible.
Much detail more tomorrow.
Update: Thumb-nail version of what’s happened: Brown, Owen, and Pryor (the three worst) get floor votes, Saad and Myers get filibustered (and probably withdrawn), Dems can still filibuster Supreme Court nominee(s). I’d be lying if I said I liked the deal, but Bill Frist wanted two things very badly: up-or-down votes on every nominee and an end to judicial filibusters forevermore. He’s getting neither. It’s not a zero-sum game, but Frist is tonight’s big loser.
Second Update: C&L has some video of Frist from the Senate floor. While Harry Reid was smiling and claiming victory, Frist looked dejected and said he was disappointed. C&L also has some links to amusing vitriol from the right in response to the “compromise.”
Perceptions matter in fights like these and, whether I like the deal or not, the narrative will be: The right lost this one.