On The Judicial 'Compromise'

[Annie]

I thought this compromise a bad idea, though the appointments done now was at the basis of this. What I thought and still think was a bad idea, is that it postponed the showdown, bringing the GOP closer to the '06 elections. It looks like it's up again:

http://www.nytimes.com/2005/06/10/politics/10assess.html?th&emc=th

June 10, 2005
True Test of Senate Compromise Lies Ahead
By CARL HULSE

WASHINGTON, June 9 - With the confirmation Thursday of William H. Pryor Jr. and two other less contentious Bush administration nominees to federal appeals courts, the Senate completed the easy phase of its tenuous compromise on judicial candidates. It gets trickier from here.

Members of both parties acknowledge that the Senate is heading into the unknown now that the three candidates assured floor votes under the unusual judicial compromise - Mr. Pryor, Janice Rogers Brown and Priscilla R. Owen - have gone on to the bench after years of filibusters. Two other disputed nominations remain unresolved, and others are on deck in addition to the real possibility of a Supreme Court vacancy.

"We are moving into 'here there be dragons' territory," said Eric Ueland, chief of staff to the Senate majority leader, Bill Frist, referring to the uncertainties and potential dangers for both parties that lie in the unexplored Senate waters ahead.

Since the deal was first struck late last month, Democrats have hailed it as a courageous breakthrough that averted a parliamentary crisis while dealing Senate Republicans a deserved reprimand for their push against the filibuster.

But those same Democrats have stood practically powerless this week as Justice Brown and Judge Pryor were confirmed to lifetime appointments, leaving Republicans to revel in their new judicial successes.

"I think you are seeing the system work," a beaming Dr. Frist told Judge Pryor in a phone call staged for the benefit of Senate photographers about an hour before his confirmation on a 53-to-45 vote.

Two other nominees to the United States Court of Appeals for the Sixth Circuit, David W. McKeague and Richard A. Griffin, were confirmed without opposition while another, Thomas B. Griffith, is expected to be cleared on Monday.

Democrats concede that the past few days have belonged to President Bush and the Republicans. But they say they will benefit in the long run by the compromise that preserved their ability to filibuster future nominees if they choose.

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Senate Republicans say they will wait to see if Democrats employ a filibuster against any judges in the weeks ahead and respond accordingly. Democrats say they will not hesitate to act if another Bush administration candidate they deem too conservative reaches the floor.

Given those conflicting perspectives, it seems that a future clash is almost unavoidable. But architects of the compromise are optimistic.

"I do think there are some people who would like to shake this agreement to see how strong it is and maybe try to undo it," said Senator Mark Pryor, an Arkansas Democrat and one of the lawmakers instrumental in achieving the deal. "But I think the agreement is going to hold up, and I think the 14 of us are unified." We'll see how well they are 'unified' in a few weeks.

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