Filibuster accord elusive

WASHINGTON – More than a dozen senators trying to head off a showdown over judicial filibusters failed to work out a deal Wednesday to confirm some of President Bush’s judicial appointments while rejecting others.

The Senate’s party leaders, Republican Bill Frist of Tennessee and Democrat Harry Reid of Nevada, opened formal debate on Texas jurist Priscilla Owen – the nominee that will test the Democrats’ ability to continue blocking judges with filibusters.

With a decision on whether to allow filibusters looming next week, lawmakers met in various offices around the Capitol complex – in Sen. John Warner’s office at one point, Republican Mike DeWine’s office at another – seeking a compromise that would avert a politically explosive confrontation.

The senators seen going in and out of those sessions during the day included Republicans Graham, DeWine, Warner, John McCain of Arizona, Susan Collins of Maine, Lisa Murkowski of Alaska and Democrats Ken Salazar of Colorado, Ben Nelson of Nebraska, Mary Landrieu of Louisiana, Joseph Lieberman of Connecticut and Mark Pryor of Arkansas.

Congressional aides said Wednesday the negotiators failed to reach agreement but would resume talks today.

One of the deals would have the Senate confirming Owen, California judge Janice Rogers Brown and former Alabama Attorney General William Pryor, with Idaho lawyer William Myers’s nomination scuttled. As part of that deal, two Michigan nominees, David McKeague and Richard Griffin, would be confirmed, while a third nominee – Henry Saad – would be jettisoned.

A fourth Michigan judge, Susan Neilson, also would be confirmed. She has not been filibustered in the past. Senators are negotiating that part of the deal and it is subject to change, aides said.

Under the latest Republican-crafted proposal, both sides would have to operate on “good faith.” Republicans would be bound not to ban judicial filibusters only if Democrats forswear judicial filibusters except for extraordinary situations, aides said.