Filibuster deal

News from Washington tonight that a bipartisan group of Senators have reached an agreement that would prevent the Republican leadership from invoking the "nuclear/constitutional/Byrd" option by changing Senate rules to prohibit filibusters on judicial nominees. In return, the Democratic signatories to the agreement would abandon the use of the filibuster against judicial nominees except "under extraordinary circumstances," and would allow a vote on three of the currently stalled nominees. The agreement is here (pdf, courtesy of National Review).

At the press conference announcing the deal, Senator Byrd recited the story that gives this blog its title. Most of the senators who spoke reiterated that they believed the agreement was in the "finest tradition of the Senate," and the document itself opens with a high-minded flourish, that "the memorandum confirms an understanding among the signatories, based upon mutual trust and confidence." This calls to mind the phrase that concludes the Declaration of Independence, where the signers stated, "with a firm reliance upon the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor." Ironic that one of the signatories noted at the press conference that "there is not a Jefferson among us."

In practical effect, this agreement may simply postpone this same fight until the summer, if Chief Justice Rehnquist retires and there is a vacancy on the Supreme Court. Democrats may deem any nominee similar to those allowed to be confirmed to the circuit court of appeal under this agreement unacceptable for a position on the nation's highest Court, invoking the "extraordinary circumstance" that would permit the use of the filibuster. Permit me a healthy dose of skepticism that this agreement will survive a Supreme Court vacancy.