May 30, 2005

CLEAR CONSTRUCTION:

Filibuster Deal Evaded Key Question on High Court Nominees (Dan Balz, May 30, 2005, Washington Post)

DeWine and Sen. Lindsey O. Graham (R-S.C.) have disputed the assertion by Reid and other Democrats that the nuclear option is off the table. DeWine said he explicitly raised the issue just before the group announced the deal on Monday night. "I said at the end, 'Make sure I understand this now, that . . . if any member of this group thinks the judge is filibustered under circumstances that are not extraordinary, that member has the right to vote at any time for the constitutional option.' Everyone in the room understood that."

Sen. Mark Pryor (D-Ark.), another member of the group, concurred, saying that while he hopes the nuclear option is gone for the duration of the 109th Congress, circumstances could bring it back. "I really think Senator DeWine and Senator Graham have it right," he said.


It's the only common sense reading of the text.

Posted by Orrin Judd at May 30, 2005 12:00 PM
Comments

Harry Reid was babbling (as usual) when he said the rules change was 'gone forever'.

No recess appointment yet this weekend. Major battles ahead next week in the Senate.

I suspect the Democrats will be wishing they had a different Majority Leader in a couple of weeks. A lot of Republicans already feel that way. Seems about right. But this feeling of teetering balance cannot last very long.

Posted by: jim hamlen at May 30, 2005 4:25 PM

Well, in an agreement among Senators, belief makes it so.

Not a bad deal then.

Posted by: pj at May 30, 2005 4:43 PM

The real questionis whether the deal makes it through the Bolton nomination.

Posted by: Robert Schwartz at May 30, 2005 4:48 PM

Of course they have the right, it's just that they sold it for a mess of pottage.

Posted by: David Cohen at May 30, 2005 7:38 PM

This reminds me of the story (perhaps apocryphal, perhaps not) making the rounds when I was a federal prosecutor that a well-known criminal defense lawyer, who represented mafioso and drug kingpins who were commonly targeted by wiretaps, advised his clients to end every meeting with a farewell and, as the client left, to say with a smile on his face (not detectable by the tap) but in a sincere tone of voice, "Count me out".

Posted by: Fred Jacobsen (San Fran) at May 30, 2005 8:53 PM
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