It took a simple majority to avert the nuclear option, for now - therefore it takes a simple majority to implement it.
MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS
We respect the diligent, conscientious efforts, to date, rendered to the
Senate by Majority Leader Frist and Democratic Leader Reid. This
memorandum confirms an understanding among the signatories, based upon
mutual trust and confidence, related to pending and future judicial
nominations in the 109th Congress.
This memorandum is in two parts. Part I relates to the currently
pending judicial nominees; Part II relates to subsequent individual
nominations to be made by the President and to be acted upon by the
Senate's Judiciary Committee.
We have agreed to the following:
Part I: Commitments on Pending Judicial Nominations
A. Votes for Certain Nominees. We will vote to invoke cloture
on the following judicial nominees: Janice Rogers Brown (D.C. Circuit),
William Pryor (11th Circuit), and Priscilla Owen (5th Circuit).
B. Status of Other Nominees. Signatories make no commitment to
vote for or against cloture on the following judicial nominees: William
Myers (9th Circuit) and Henry Saad (6th Circuit).
Part II: Commitments for Future Nominations
A. Future Nominations. Signatories will exercise their
responsibilities under the Advice and Consent Clause of the United
States Constitution in good faith. Nominees should only be filibustered
under extraordinary circumstances, and each signatory must use his or
her own discretion and judgment in determining whether such
circumstances exist.
B. Rules Changes. In light of the spirit and continuing
commitments made in this agreement, we commit to oppose the rules
changes in the 109th Congress, which we understand to be any amendment
to or interpretation of the Rules of the Senate that would force a vote
on a judicial nomination by means other than unanimous consent or Rule
XXII.
We believe that, under Article II, Section 2, of the United States
Constitution, the word "Advice" speaks to consultation between the
Senate and the President with regard to the use of the President's power
to make nominations. We encourage the Executive branch of government to
consult with members of the Senate, both Democratic and Republican,
prior to submitting a judicial nomination to the Senate for
consideration.
Such a return to the early practices of our government may well serve to
reduce the rancor that unfortunately accompanies the advice and consent
process in the Senate.
We firmly believe this agreement is consistent with the traditions of
the United States Senate that we as Senators seek to uphold.
Signed by:
McCain
Warner
Collins
Snowe
DeWine
Graham
Chafee
Nelson
Byrd
Lieberman
Landrieu
Pryor
Salazaar
Inouye