The Ground Gets Laid For "Extraordinary Circumstances" Filibuster.

This blog has maintained, since the filibuster buster agreement was made by 14 Senators earlier this year, that the agreement was a power grab by the Senate of the President's power to nominate judicial candidates. (Click here for prior post.) The final paragraphs of the agreement set out the Senators' understanding that the advice and consent clause means the President should consult with the Senate before nominating a candidate. This flies in the face of the plain language of the clause but it's not how the 14 Senators see it.

With the current composition of the Senate such an interpretation favors the Democrats because they could filibuster an "unconsulted" nominee and the 7 Republicans who signed the agreement would not be able to argue that the filibuster rule should be changed because an "unconsulted" nominee violates the advice and consent clause and is contrary to normal historical practice.

Now, this story from the AP on Yahoo (click here) describes a letter from Senate Democrats to the White House telling the President that he has to consult with them before picking a judicial nominee. And Senator Robert Byrd, one of the so-called Gang of 14 who signed the filibuster buster agreement, is writing his own letter because he feels so strongly about the issue.

The landmine that was planted when the filibuster buster agreement was signed is being armed and primed. The explosion will come soon when the President sends up his Supreme Court pick to replace whichever Justice retires. The Republican success with nominations since the agreement was signed was merely a cease fire. The judicial confirmations war is about to resume.

Let's get ready to rumble!!!!!!

-tdr