ConfirmThem

By DanCT Posted in Senate Rules — Comments () / Email this page » / Leave a comment »

Ed Whelan (Bench Memos) argues that "...the provision that 'each signatory must use his or her own discretion and judgment in determining whether such circumstances exist' is double-edged: A Republican signatory is fully entitled to determine that 'extraordinary circumstances' do not exist and that a Democrat signatory's contrary determination violates the agreement. Nothing in the agreement says that a signatory must defer to another signatory's determination." (Pers. comm.)

Or, in other words, the clause "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" means that if Democrat signatories filibuster when Lindsey Graham and Mike DeWine (et al.) think the circumstances are not extraordinary, then they have their "out" clause. They can can rightly say that the nominees should not have been filibustered because the circumstances were not extraordinary. Thus, the GOPers would be released from their commitment to vote against the nuclear option.

That reading is more plausible to me than the alternative reading that Graham and DeWine were majorly duped. Now it is up to them to hold the Democrats' feet to the fire. Are they up to it? Graham surely is, and DeWine is mouthing the right words. That makes 48 GOP non-signers + 2 who will hold Dems to the agreement = 50. In theory, it looks good.