Justice Could Rekindle Filibuster Fight in the Senate
By ROBIN TONER and RICHARD W. STEVENSON
Published: May 25, 2005
WASHINGTON, May 24 - For all the euphoria Monday night that the political center had held, the Senate compromise in the judicial filibuster fight did not noticeably de-escalate the ultimate battle now looming: that over a potential vacancy on the Supreme Court.
In fact, a new debate erupted almost immediately over the meaning of the agreement reached by seven Democrats and seven Republicans, which sought to preserve the right to judicial filibusters but restrict their use to "extraordinary circumstances."
Republicans and their allies said the agreement made it much harder for Democrats to filibuster a Supreme Court nominee - particularly on the basis of the candidate's judicial philosophy. After all, they argued, the accord explicitly cleared three appellate court nominees - all established conservatives - for floor votes.
Democrats disagreed. "There's nothing in anything that was done last night that prevents us from filibustering somebody that's extreme, whether it's on the district court, on a circuit court or the Supreme Court," said Senator Harry Reid of Nevada, the Democratic leader.
Leading Democrats and their allies were highlighting another part of the agreement: what they asserted was a clear signal to President Bush that he needed to engage in "true consultation and cooperation" with both parties before naming future court nominees, particularly to the Supreme Court....Administration officials and their allies pushed back, saying the agreement would have no effect on their powers to pick a nominee....
http://www.nytimes.com/2005/05/25/politics/25supremes.html?hp&ex=1116993600&en=9e794875522b7d50&ei=5094&partner=homepage