With three you still get filibuster

The Republican Senate "moderates" managed to achieve a surrender on all but three of the Presidential nominees to the Appellate Courts. A compromise was reached between some Democrats and Republicans to allow the Democrats to retain their right to filibuster judicial nominees under "extraordinary circumstances" and Republicans get three, count 'em three, nominees through the Senate. The three nominees are Justice Priscilla Owen, Justice Janice Rogers Brown, and Judge William Pryor. On two more nominees, Henry Saad and William Myers, according to the Associated Press there is no agreement.

The Associated Press is also reporting Democratic leader Harry Reid of Nevada is claiming the agreeement means David McKeague, Richard Griffin and Susan Neilson, all named to the 6th Circuit Court of Appeals, will be allowed votes on the floor of the US Senate. However, Sean Rushton at National Review is reporting,

Liberal groups are telling journalists that Kavanaugh and Haynes will not be confirmed either.

Just to keep score: filibusters have already led to withdrawal of Estrada, Kuhl, and Pickering, plus Claude Allen who was withdrawn on threat of filibuster. Now, this illegitimately used tactic, supposedly renounced in general use going forward by this agreement, may kill Saad, Myers, Kavanaugh, and Haynes for a total of eight appellate scalps of 52 total nominees.

The Republicans who supported the deal are as follows: McCain (AZ), DeWine (OH), Snowe (ME), Warner (VA), Graham (SC), Collins (ME), Chafee (RI). Of the deal makers, Graham and McCain were possible 2008 contenders. Surely those hopes are finished, especially after Lindsay Graham was quoted as saying,

Judges are going to get a vote that wouldn't have gotten a vote otherwise. We're going to start talking about who would be a good judge and who wouldn't. And the White House is going to get more involved and they are going to listen to us more.

The other senator who has seen his 2008 shot at White House come to an abrupt end tonight, Senate Majority Leader Bill Frist, who can safely say he leads a majority in name only. Having lost control of his own caucus, Frist should step down as Majority Leader.