ConfirmThem

By AndrewHyman Comments () / Email this page » / Leave a comment »

The Washington Times has some more details about what Senators Warner and Byrd are suggesting:

Sen. John W. Warner, Virginia Republican, and Sen. Robert C. Byrd, West Virginia Democrat, are among those looking for a compromise and made a proposal that was offered as legislation in an earlier Congress by Mr. Specter.

Under the proposal, a bipartisan group in the Senate "would establish a pool of men and women to be considered for any vacancy on the Supreme Court," according to a press release yesterday. "The committee would submit this group of names to the president. The president could select from that list, if he chooses, or pick someone completely different."

If this compromise entails up-or-down votes for all of the pending majority-supported nominees, then it may be a decent compromise, provided there is no suggestion that the "list" would amount to "advice" within the meaning of the Constitution. The Constitution is very clear that "advice and consent" refers to advice given after a nomination is submitted to the Senate.