Outrageous

I've read the details of this deal, here is the pdf file.

Download senate.pdf

It appears to me that the most curious part is how the Republicans in question have agreed to interpret the "Advice" clause.

Quote: We believe that under Article II, Section 2 the word "Advice" speaks to consultation between the Senate and the President with regard to the use of the President's power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a nomination to the Senate for consideration.

This would allow the Dems to justifiably invoke their extraordinary circumstances rule based upon not agreeing with the nomination in the first place, claiming a failure of the Executive branch to adhere to their interpretation of the "Advice" clause.

That paragraph moves this from a deal, to codifying a blatant power-reach into the Executive branch's ability to nominate as it sees fit. ymmv

Update: I meant to credit NRO's Bench Memos for their coverage and for the pdf. Ace has more links and reaction here.

Comments

[DC]

Dan,

I think it's time to play hard ball at the WH. Like ... Pres. Bush could consult with Sen. Cornyn ... what do you think, John?

[Beth]

But Dan, a few posts back you noted:
By and large, Americans do not much care for obstructionism.

That's the whole point. If (when) the Dummocrats (The Party of No) try to pull this obstructionist crap again, they'll be the ones who pay the price for it. This IS a win, if you look at it strategically, look at the big picture. It's not ideal, but it's better than the alternative, which would be either a filibuster (the nuke option wouldn't have passed) or the voters being angry with the GOP for "changing the rules," because the anti-nuke rhetoric from the Democrats WAS sticking. If the GOP loses the majority, you can be sure we won't be seeing Bush nominees confirmed. This is good for keeping the GOP in the majority, and good for future nominees.

[Dan]

Beth, I hear ya. The "outrageous" title of this post refers to the notion that the "Advice" clause applies to the nomination of judges and not just their approval. That's ridiculous, as NRO pointed out.

If Brown or another like-minded judge can get to the top court because of this, it is a win - that remains to be seen. But I understand your view.

[lyle]

I think that quote is meaningless boilerplate. I encourage all the nations of the world to live in peace and harmony.

The practical effect of this agreement will probably be a return to the status quo ante. No judicial filibusters, and no nuclear option.

[Rhod]

Lyle:

....and no goverment with no Senators with courage, just a sclerotic bunch of soft losers addicted to perks and power. Screw all of them, particularly the overated asshole McCain.

He was known as The Punk at the Naval Academy for a good reason. But for an accident of history, this self-praising, conceited preener would be a nobody at a second-rate military academy for boys with behavior problems.