Tuesday, May 24, 2005
Copyright © Las Vegas Review-Journal

Reid claims triumph; Ensign concerned about precedent

Senate Majority Leader Bill Frist, R-Tenn., shakes hands Monday with Senate Minority Leader Harry Reid, D-Nev., outside Frist's office in the U.S. Capitol in Washington. Photo by THE ASSOCIATED PRESS

WASHINGTON -- Sen. Harry Reid of Nevada declared victory Monday night when a coalition of moderates steered the Senate away from a historic filibuster showdown.

Reid was just hours away from the biggest test of his five-month tenure as Democratic leader. Earlier in the day, he indicated the die was cast for votes on whether the Senate would change its rules to make it difficult for a minority to block nominated judges.

But the path to confrontation took an abrupt turn when seven Democrats and seven Republicans reached agreement to defuse the so-called nuclear option.

"The nuclear option is off the table. The Senate can work as the Senate," Reid said after the compromise was revealed. "How much better could it be, not for Democrats, not for Republicans, but the American people?"

Under the deal, three of President Bush's conservative judicial nominees whom Democrats had criticized in strong terms probably would win confirmation, while two others would continue to be blocked.

The compromising senators also struck what they termed a "good faith" deal to preserve the minority party's right to filibuster judges. Only in "extraordinary" cases would judges be blocked on the Senate floor through the use of the filibuster.

While noting he still opposed the president's controversial nominees, Reid nonetheless embraced the agreement because it preserved the Democrats' bottom line to maintain filibuster rights.

"The filibuster is here," Reid said. "Mr. Smith can still come to Washington."

The reaction from Majority Leader Bill Frist, R-Tenn., was more muted, and conservatives expressed discontent with the deal, which stopped short of guaranteeing up-or-down votes on all of President Bush's nominees.

"I am very concerned that we are setting a precedent here where good people will be denied an up-or-down vote," said Sen. John Ensign, R-Nev., who supported the nuclear option.

Ensign said he had talked to two Republican colleagues who also were not happy with the compromise. He declined to name them.

In a clear reference to Reid, Ensign said, "If this is a way for people to gracefully back down and still claim victory, then I'm all for it. But I don't know what we have here."

Since breaking off negotiations on May 16 with Frist, Reid repeatedly downplayed chances for a compromise.

Carl Tobias, a former law professor at the University of Nevada, Las Vegas, who now teaches at the University of Richmond, said the breakdown in negotiations opened the door for the moderates to cut a deal.

"I think leadership on both sides backed itself into a corner," Tobias said. "Neither leader really had much leverage."

Stuart Rothenberg, a Washington political analyst, said Frist stands to lose more from the deal than Reid.

"This is going to create a furor on Frist's political right unless he continues to push for and get up-or-down votes on all judicial nominees," Rothenberg said.

"Unless the compromise is perceived as a sign of cracks in Democratic unity and people start sniping at Reid, I don't think it hurts him a lot," Rothenberg said.

Mark Peplowski, a political science instructor at the Community College of Southern Nevada, said the deal preserved the filibuster, which was most important to the Democrats.

Peplowski invoked a chess analogy. "All those circuit court judges were pawns, and the real play will be on Supreme Court nominations," he said. "Taking away the filibuster would have stripped the Democrats of their queen."

Although the deal was struck among 14 moderate senators, Peplowski said the Senate leaders played a role behind the scenes.

"You know those moderates were in touch with Reid and Frist because they could not come to the table with something they could not guarantee," Peplowski said.

"I believe Harry and Frist both wanted to avoid a black eye," Peplowski said. "They allowed the moderates to carry the ball to bring everyone back to the center to save face."

Sen. Mark Pryor, D-Ark., a key negotiator, said Reid knew the Senate was "in a crisis moment."

"I think we knew that we should keep Sen. Reid informed," Pryor said. "I think he always saw the efforts we were making as a fallback position if he couldn't get it done."

After the deal was announced, Reid appeared with Frist outside the Senate chamber in a staged show of unity.

Reid expressed relief that "we don't have this distraction." The duo walked the hallway for the cameras, turned to each other and shook hands.

"Together, we're going to move ahead," Frist told Reid.