MOVING THE BAR:

Compromise on judges is a setback for the left (Robert Robb, May. 27, 2005, Arizona Republic)

The harsh criticism by conservatives of the accord on judicial nominations brokered by John McCain, R-Ariz., and Ben Nelson, D-Neb., has been excessive.

In reality, it is the left that has lost the most with the accord - big time.

The most immediate effect of the agreement is that Senate Minority Leader Harry Reid, D-Nev., has lost the solid support of Senate Democrats to filibuster judges based upon a caucus decision. Instead, seven Democrats have declared themselves to be free agents.

This in turn means that the abortion rights lobby and the extreme secularists at People for the American Way, who have exercised extraordinary influence over the actions of Senate Democrats about judges, have lost what was an effective veto over judicial appointments.

This is a monumental change, illustrated by the three judges the accord specifically commits the Democratic signatories not to filibuster: William Pryor, Priscilla Owen and Janice Rogers Brown. [...]

If judges such as Owen, Pryor and Brown do not constitute "extraordinary circumstances," then the path is clear for Bush to appoint strong, well-qualified conservatives to the bench.

Of course, the accord does not similarly protect two other Bush appointees, Henry Saad and William Myers. But the Democratic signatories haven't committed to support a filibuster of them either. And the stakes for these judges just aren't the same, for the left or the right.

Saad has been nominated for a seat for which Republicans had previously blocked a Clinton nominee. So, there's a bit of political tit for tat going on, rather than a clear fight over judicial philosophy.

Myers, who has represented mining and cattle interests, has run into opposition from the left over natural resources and environmental issues.

The real Kool-Aid moment on Tuesday came when folks were insisting that conservatism was dead if we didn't get these two judges who no one's ever heard of in the deal.

Posted by Orrin Judd at May 27, 2005 5:41 PM