What's the deal?


There was a lot of teeth gnashing as the judicial deal was announced...mostly on the right though PFAW which had spent so much to defeat Owens, Brown and Pryor weren't doing cartwheels either. Here's why: 
The  Democrats weren't going to filibuster Owen or Pryer or Brown . They were going to vote on the cloture motion so the nuclear test wouldn't have been possible. In the meantime, the deal means there is no longer an ideological litmus test.  If these three are not extremists——and the compromise suggests they are not—— judges who hold the same views cannot meet the "extraordinary circumstances" test  which is the exception for invoking the filibuster threat. Additionally, all the judges will have up or down votes. The Republicans still have the Constitutional option if they need it for Supreme Court nominees.
Clarice Feldman   5 24 05