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Senate Talks Continue As Fight on Judges Nears
Sens. Joseph I. Lieberman (D-Conn.) and Olympia J. Snowe (R-Maine) talk to reporters after a meeting with colleagues.
(By Melina Mara -- The Washington Post)
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Senators reported yesterday that more than enough of their colleagues are interested in a deal to make it stick. The problem is in finding language that both sides could buy into. One significant sticking point involves the Democrats' proposal that the Republicans agree to give up the idea of making the rule change at any point in the 109th Congress. In return, Democrats said they would agree not to filibuster Bush's nominees except in extraordinary circumstances.
Republicans argued that this would allow any of the Democratic signatories to break the deal. They also argued that they should have the option of using the nuclear option in extraordinary circumstances. The two sides moved toward a compromise on this issue late in the day but remained short of an agreement.
The other sticking point involves which of Bush's nominees would be marked for approval and which would be blocked. Both sides appeared willing to accept a deal that would block the nomination of Henry W. Saad to a seat on the U.S. Court of Appeals for the 6th Circuit.
Democrats proposed that they be allowed to block two other nominees from a group of four -- Owen; Brown; William G. Myers III, nominated to the U.S. Court of Appeals for the 9th Circuit; and William H. Pryor Jr., nominated to the U.S. Court of Appeals for the 11th Circuit.
Republicans, who want to ensure the confirmation of Owen, Brown and Pryor, initially countered by saying that they would approve blocking only one more other than Saad. They argued that the Democrats had already successfully blocked, in Bush's first term, three other appellate court nominees who have not been renominated, and that they now should not be able to block three more. Both the number and the identities of the judges who might be blocked were negotiated throughout the day.
The deal would also clear some other, less controversial Bush nominees for approval.
"It's a very dynamic situation," Sen. Joseph I. Lieberman (D-Conn.) said as the talks continued. "There are clearly, in my opinion, more than six on either side open to, interested in and pursuing a compromise agreement that would avoid the nuclear option. But there has not been a literal meeting of the minds."
Outside groups on both sides remained opposed to any compromise.
Debate will open today with Republicans making the case that both Owen and Brown are fully qualified for the appellate courts and with Democrats countering that both are out of the judicial mainstream. At some point, Frist will put forward one of the two for confirmation.
The Republicans plan one cloture vote, with the ostensible purpose of trying to shut off debate but the real intention of demonstrating that the nominee has majority support. Sometime after that, Frist is expected to seek a point of order designed to call the debate to a halt, with the presiding officer, probably Cheney, ruling in Frist's favor. Democrats would then appeal the ruling, and Republicans would counter with a motion to table the appeal. Whoever has a majority will prevail.
Staff writer Spencer S. Hsu contributed to this report.
