THE OWEN STANDARD:

Majority vote remains on the table for future use (John Cornyn, 5/31/05, San Antonio Express-News)

It is...important to recognize three important elements of the deal reached by these 14 senators:

First, although it doesn't solve the problem today, the deal does keep all options open — including, of course, the Byrd option — for solving the problem in the future.

Second, with Owen's confirmation, it should now be settled that disagreement over judicial philosophy is not an "extraordinary circumstance" — and, thus, no justification for a filibuster. Call it the "Owen standard." Senators should vote their conscience, but debates over judicial philosophy and disagreements about past rulings are no grounds for violating Senate tradition by imposing a supermajority voting requirement for confirming judges.

Third, should the Owen standard be violated and a baseless filibuster against a judicial nomination be launched in the future, that would be a violation of the agreement — and, thus, grounds for the use of the Byrd option to restore Senate tradition.

Indeed, this is the stated intent of at least four of the Republican senators who signed the agreement.

Just appoint Janice Rogers Brown to be Chief and watch them try to explain opposing her.

Posted by Orrin Judd at May 31, 2005 3:08 PM