THAT'S A GIMME:

Senate pact shapes high-court fight: Whether or not the 'Gang of 14' remains unified is a key factor in the fight to replace outgoing Justice O'Connor. (Gail Russell Chaddock, 7/05/05, The Christian Science Monitor)

[T]he terms of the agreement within the Gang of 14 sets a relatively low standard of the advice function, according to Sen. John Warner (R) of Virginia, who with Sen. Robert Byrd (D) of West Virginia, drafted this piece of the resolution.

The key document used in negotiating the language on consultation was an excerpt from Federalist No. 66, written by Alexander Hamilton in 1788. It reads, in part: "It will be the office of the President to nominate, and, with the advice and consent of the Senate, to appoint. There will, of course, be no exertion of choice on the part of the Senate. They may defeat one choice of the Executive, and oblige him to make another; but they cannot themselves choose - they can only ratify or reject the choice of the President."

Hamiltonian standards tend towards the monarchical.

MORE:
Filibuster Deal Puts Democrats In a Bind: Pact May Hinder Efforts to Block High Court Nominee (Charles Babington and Susan Schmidt, July 4, 2005, Washington Post)

The pact, signed by seven Democrats and seven Republicans, says a judicial nominee will be filibustered only under "extraordinary circumstances." Key members of the group said yesterday that a nominee's philosophical views cannot amount to "extraordinary circumstances" and that therefore a filibuster can be justified only on questions of personal ethics or character. [...]

Sen. Lindsey O. Graham (R-S.C.), one of the 14 signers, noted that the accord allowed the confirmation of three Bush appellate court nominees so conservative that Democrats had successfully filibustered them for years: Janice Rogers Brown, William H. Pryor Jr. and Priscilla R. Owen. Because Democrats accepted them under the deal, Graham said on the Fox program, it is clear that ideological differences will not justify a filibuster of a Supreme Court nominee.

"Based on what we've done in the past with Brown, Pryor and Owen," Graham said, "ideological attacks are not an 'extraordinary circumstance.' To me, it would have to be a character problem, an ethics problem, some allegation about the qualifications of the person, not an ideological bent."

Sen. Ben Nelson (Neb.), a leader of the seven Democratic signers, largely concurred. Nelson "would agree that ideology is not an 'extraordinary circumstance' unless you get to the extreme of either side," his spokesman, David DiMartino, said in an interview.

It's the deal that keeps on giving.

Posted by Orrin Judd at July 4, 2005 8:38 PM