ConfirmThem

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Mark Kilmer has again heroically sat through the major Sunday talk shows, and I excerpt the parts of his summary that are related to filibusters, below the fold.

JOHN MCCAIN ON FOX NEWS SUNDAY. Speaking of the magic compromise language on which he is working for the Senate, John McCain exclaimed: "It's tough." He said that the President's judges deserve up-or-down votes, and the deal on which he's working would not throw some out and accept others. He clarified that most would be guaranteed floor votes, and the Dems would decide whether to filibuster the others on a case-by-case basis. (This means, of course, that his deal would sink some nominees.)

MCCONNELL AND DURBIN ON FTN. The Senate whips, Mitch McConnell for the majority and Dick Durbin for the minority, were host Bob Schieffer's guests on CBS's Face the Nation.

McConnell would not at first answer Schieffer's question regarding whether or not he had the votes to modify the Senate rules to allow debate on judicial nominees to end with a vote of the majority of Senators. Instead, he explained that for 214 years, nominees with a majority support in the Senate have been confirmed. But the cloture vote will take place Tuesday morning, he said. Asked again if Frist had the votes, McConnell replied: "I believe he'll have the votes." (It's evidently not wrapped up quite yet.)

Durbin alleged that the Republicans were bringing in Dick Cheney for the vote because they knew it would be historic when they "break the rules to change the rules." (Most rule changes are agreed to with 67 votes.) He stipulated that the Constitution tacitly provides for the filibuster of judicial nominees and acknowledged that the moderates could work something out at the last minute: "There's always a chance" for compromise. He referred to the filibuster of judicial nominees as an "important Constitutional tradition." (Is it found in the emanations of the penumbra of the preamble?)

McConnell insisted that Durbin was confusing the possible with the practical. While it has always been theoretically possible to filibuster judicial nominees, it had never been done "until the last Congress." One out of three of the President's appellate court nominees have been filibustered, he said: "The worst record since World War II."

He said that the GOP would not postpone the vote if the moderates said that a deal was imminent. He insisted on "getting back to the business of the Senate," citing energy bills and whatnot.

Durbin said that he had offered McConnell votes on four of the disputed nominees, but the Senator had turned him down. (This was hypocrisy on Durbin's part. If the judges were so bad as to be a dangerous if they sat on the courts, why allow them to be confirmed when otherwise they'd filibuster?)

Durbin said that "the Democrats will not shut the government down." He insisted that they would merely follow the rules. And he noted that "we're going to push an agenda the Republicans don't want to talk about." He listed a few things he might have taken from Teddy Kennedy's crib notes.

GEORGE ALLEN AND JOE LIEBERMAN ON THIS WEEK. Host George Stephanopoulos wanted to know if Senator Allen were worried that the filibuster fight would cost the GOP "seats." Allen explained that real people in the real world don't care much about process, that they think judges deserve an up-or-down vote.

Lieberman said that people wanted them to do health care and energy, etc. He said that the 60-vote requirement for judges "forces the Senate to be more moderate." As if this were a positive thing. He had once disagreed with the filibuster, but he now supports it because the issue is different. It's not majority versus minority thing to him; rather, he's concerned about "extremists on both sides of the aisle."

Allen countered that the Constitution had not changed since Lieberman opposed filibusters. He pointed out that if 60 votes had been required to confirm judges, Thurgood Marshall would not have been confirmed to the U.S. Court of Appeals for the Second Circuit.

Lieberman used the canard that Bush has been more successful than was Clinton with judges.

Allen said that he did not know how his fellow Virginia Senator John Warner would vote, but he expressed certainty that "if the Democrats continue to obstruct," they'll have the votes. With or without Warner.

Lieberman said that "moderates, centrists, mavericks, independents" -- six or seven from each party -- are working on a compromise. He called this "historic." But the "Gang of Twelve," according to Lieberman's count, might really be the Gang of Thirteen or Fourteen

The aim, he said, is to get the Republicans to say that they "won't go to the nuclear option in this Congress." [emphasis mine]

Lieberman spoke of the historic nature of the moderates coming to a consensus and saving the day and how it would give birth to a new dynamic. He said he's optimistic that the compromise will prevail.

Allen said that while he agrees with Lieberman "on a lot of issues," he will not settle for casting some of the President's nominees aside "like a slip of paper." He thinks that "we'll get this Constitutional option done."

BEN NELSON AND LINDSEY GRAHAM ON LATE EDITION. Ben Nelson (D-Nebraska) and Lindsey Graham (R-South Carolina), both dubbed moderates by Blitzer, were on to talk about their compromise proposal.

Graham said that the threat is "institutionalizing reprisal filibusters," bringing politics to the table on judicial nominees. It will cost us good judges.

Nelson spoke of the "rights of the minority to see to it that you don't have a runaway majority." What's at stake, he argued, is the energy bill and suchlike. He doesn't "know if we're going to be able to get it done or not." He wants "up-or-down votes on as many nominees as possible," allowing for "exceptional circumstances," or judges that make a Senator's skin crawl.

Graham said that one of the eight judicial nominees "would be rejected by the Senate in a bipartisan manner." He wouldn't give the name. He said that he is a YES vote for the rule change if it comes to that, but he does not want to "destroy the judiciary" with "political payback with judges."

Graham said that "there are a couple of YES votes" looking for a compromise.

The term "Group of 12." Six Dems, Six Republicans, six on either side would tilt the balance.

Nelson: "When you have twelve Senators in the room, you have at least fourteen opinions."

Nelson thinks that if a compromise is reached, it will lead to greater harmony in the Senate on other issues. He wants to "find a solution, not just save the fight for another day."

Blitzer showed a poll giving Congress a 33% approval rating and suggested that, because the GOP controls both houses of Congress, this could harm the Republican Party.

Graham said that it affects Democrats as well.

Graham said that "this all started with Bork twenty-years-ago." He accused Bill Frist of "letting this go for over a year."