Extraordinary Circumstances.

The 7 Democrats who signed the filibuster buster deal promised not to support filibusters except in "extraordinary circumstances." (Click here to see the document.) So, what are extraordinary circumstances? The term is nowhere defined in the document and the definition is left to each Senator. However, the document suggests what the 14 believe are ordinary circumstances for judicial nominations and appointments, from which it is easy to infer what extraordinary circumstances might be.

The compromise document states in its penultimate paragraphs that the 14 believe the proper constitutional practice for judicial nominations is for the President to consult with the Senate before sending a candidate to the Senate for confirmation. This is what the 14 seem to believe are ordinary circumstances for judicial nominations and appointments.

Thus, extraordinary circumstances occur when a President consistently sends candidates to the Senate for confirmation without first consulting the Senate. In other words, extraordinary circumstances exist now.

Any of the 7 Democrats who support a future filibuster on that claim will make it difficult, if not impossible, for the 7 Wobbly Republicans to criticize the filibuster or support cloture.

-tdr