It Depends On What The Meaning Of "Extraordinary" Is
By Lorie Byrd Posted in Fillibuster — Comments () / Email this page » / Leave a comment »
After reading the following portion of the "deal" I have a couple of questions below:
Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.
How on earth do those who define Priscilla Owen and Janice Rogers Brown as "extreme" even begin to define "extraordinary"? And how can those senators engaging in the recent character assassination be said to possess any "discretion" or "judgment" whatsoever?
UPDATE: In the comments section, David points out that since it is up to the individual senators to determine what "extraordinary" is that the deal is not all that bad for Republicans.
That, combined with the fact that the determination of what are “extraordinary circumstances� is left to each individual signatory, opens the opportunity to be excused from voting against future rules changes.In legalese, not filibustering other than in “extradordinary circumstances� is the “consideration� for the agreement not to vote for future rules changes.
If Democrats filbuster in the future for other than “extraordinary circumstances� as determined by each Senator individually, that Senator is excused from his/her commitment not to vote for rules changes.
All in all, not a bad deal and, in my estimation, a well-lawyered memorandum of agreement.
I am not convinced of that. It will definitely be interesting to see how this plays out .

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