ConfirmThem

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See here, or just look below the fold.

UPDATE: The problem I see with this deal is this part of it: “We commit to vote against the so-called ‘nuclear’ or ‘constitutional’ option if it is offered during the 109th Congress."

Thus, after there are up-or-down votes on the eight listed nominees, the Democrats could go ahead and filibuster every other pending or future judicial nominee thru 2007, while the Republicans would be handcuffed — forbidden to invoke the so-called nuclear or constitutional option.

This flaw in the agreement could be corrected — it seems to me — by limiting the commitment to vote against the so-called “nuclear option," so that the commitment only lasts until all eight of these listed nominees have had up-or-down votes. At that point, the commitment would be removed, but also removed would be the reason for invoking the so-called “nuclear option" in the first place.

"05/18/2005- In an attempt to break the Senate impasse over judicial nominations, United States Senator Ken Salazar today sent the following proposal to 14 Republican and Democratic colleagues. The text of Senator Salazar’s letter and proposal are included below."

May 18, 2005

FROM: Senator Ken Salazar
RE: Judges

Attached is a modified simple approach for your consideration. The agreement would simply:

1) Give an up or down vote on ALL currently pending judges;
2) Keep Rule XXII intact and avoid the nuclear option.

I will sign it. I look forward to seeing you at 1:00 pm. Thank you for including me in this effort.

We respect the diligent, conscientious efforts, to date, rendered to the Senate by Majority Leader Frist and Democratic Leader Reid. They have stated their negotiations are suspended; therefore, this memorandum confirms an understanding, based upon mutual trust and confidence, related to judicial nominations in the 109th Congress. This memorandum confirms an agreement among the undersigned Senators relating to judicial nominations in the 109th Congress. We have made this agreement to break the current impasse on judicial nominations. We have agreed to the following:

1) Up-Down Votes: We will vote to invoke cloture on all the following judicial nominees: Janice Rogers Brown (D.C. Circuit), Priscilla Owen (5th Circuit), Richard Griffin (6th Circuit), David McKeague (6th Circuit), Susan Neilson (6th Circuit), William Myers (9th Circuit), William Pryor (11th Circuit), and Henry Saad (6th Circuit).

2) Nuclear or Constitutional Option: We commit to vote against the so-called “nuclear" or “constitutional" option if it is offered during the 109th Congress. We understand the “nuclear option" or “constitutional option" to be any amendment to or interpretation of the Rules of the Senate which would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII as currently interpreted.

The understanding we have reached will allow the Senate to confirm the vast majority of judicial nominations presented to the Senate, while maintaining the spirit of bipartisanship needed to address other issues of concern to the American people. We firmly believe this understanding is consistent with preserving the rules and traditions of the United States Senate that we, as Senators, seek to uphold. # # #