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Centrists compromise, averting filibuster faceoff

Agreement preserves Senate rules, clears way for nominee votes

Sen. Mike DeWine, R-Ohio, second from left, Sen. John Warner, R-Va., center, and Sen. John McCain, R-Ariz., right, walk to a news conference Monday on Capitol Hill to announce an agreement on judicial nominees.
Joe Raedle / Getty Images
updated 11:32 p.m. ET May 23, 2005

WASHINGTON - In a dramatic reach across party lines, Senate centrists sealed a compromise Monday night to clear the way for confirmation of many of President Bush’s stalled judicial nominees, leave others in limbo and preserve venerable filibuster rules.

“In a Senate that has become increasingly partisan and polarized, the bipartisan center held,” said Sen. Joseph Lieberman, D-Conn., one of 14 senators — seven from each party — to pledge their “mutual trust and confidence” on the deal.

“The Senate is back in business,” exulted Sen. Lindsey Graham, R-S.C., reflecting the view that a showdown would have had a long-term detrimental impact on Congress’ ability to conduct the nation’s business.

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Under the terms, Democrats agreed to allow final confirmation votes for Priscilla Owen, Janice Rogers Brown and William Pryor, named to appeals court seats. There is “no commitment to vote for or against” the filibuster against two other conservatives named to appeals courts, Henry Saad and William Myers.

The agreement said future judicial nominees should “only be filibustered under extraordinary circumstances,” with each senator — presumably the Democrats — holding the discretion to decide when those conditions had been met. Officials said the pact was intended to cover the Supreme Court as well as other levels of the judicary.

“In light of the spirit and continuing commitments made in this agreement,” Republicans said they would oppose any attempt to make changes in the application of filibuster rules.

While the agreement was signed by only 14 senators, they held the balance of power in a sharply divided Senate.

Owen vote may come Tuesday
And Republicans said they would seek to confirm Owen as early as Tuesday, with other cleared nominees to follow quickly.

Judicial nominee Priscilla Owen
Win Mcnamee / Getty Images
Judicial nominee Priscilla Owen in a May 17 file photo from Washington.

Even so, Majority Leader Bill Frist, R-Tenn., noted he had not been a party to the deal, which fell short of his stated goal of winning yes-or-no votes on each of Bush’s nominees. “It has some good news, and it has some disappointing news and it will require careful monitoring,” he said.

Democratic leader Harry Reid of Nevada seemed more receptive — although he hastened to say he remains opposed to some of the nominees who will now likely take seats on federal appeals courts.

“Checks and balances have been protected. The integrity of the Supreme Court has been protected from the undue influence of the vocal, radical right wing,” Reid said.


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