U.S. Senate: Nuclear Option Plan Implodes

In a major defeat to
Majority Leader Bill Frist, a bipartisan group of 14 senators struck a deal
last night to defuse the nuclear option. All members of the group rejected
Frist's core argument that the judicial filibuster is unconstitutional.
Instead, the compromise acknowledges the right of senators to filibuster
judicial nominees, at least in “extraordinary circumstances.” The senators
agreed at least two of Bush's nominees – William G. Myers III of Idaho and Henry
Saad of Michigan – meet that standard and should
be withdrawn or subject to filibuster. According to the New York Times, two
other nominees – Brett M. Kavanaugh and William J. Haynes – are not explicitly
named but will
be blocked as part of an unwritten side agreement among the senators. (Read
Center for American Progress CEO John
Podesta's statement on last night's deal.)

DOBSON DECLARES
DEFEAT: James Dobson – who helped lead the charge for the nuclear option as
chairman of Focus on the Family – declared the compromise a crushing defeat.
Dobson described the agreement as “a complete bailout
and betrayal by a cabal of Republicans.” [Perhaps he should have said of a cabal of Republicans.] 

THE BAD NEWS – THREE
RADICAL JUDGES: Nevertheless, the deal is a very tough pill to swallow for
progressives. It all but assures that three radical nominees – Janice
Rogers Brown, William
Pryor and Priscilla
R. Owen – will be confirmed to lifetime appointments on the federal bench.
Make no mistake about it: should these judges be confirmed it would be a
significant step backwards for civil society and the rule of law. If this
bipartisan group is committed to moderation and comity, all members should
oppose these nominees.

[Oh, well, at least the Republicans were blocked from the final consolidation of absolute power – for the time being.]