Cooler Heads

As we all know, the definition of a compromise is something that both sides are unhappy about. The difference is the Republican majority is not only unused to compromise; it has no status in their worldview. They're going freaking crazy on the other side right now. I haven't seen that much whine since my last visit to Napa.

It's important to note that this compromise preserving the right to filibuster really did happen outside the control of the Senate leadership on both sides. I know both Reid and Frist would have preferred a vote (provided they won it). This was our second-best option. This was Frist's worst nightmare. He doesn't even get an up-or-down vote on up-or-down votes.

The minority party doesn't lose the right to filibuster. Everyone knows this was a pretext for a Supreme Court fight. If Democrats filibuster a nominee there it will be even MORE difficult to go nuclear when the whole nation is watching. We won the frame debate among the limited group paying attention to this fight, and we'll win that one too. Furthermore, legislative filibusters are preserved (see Social Security). Non-judicial nominations are preserved (see John Bolton).

And Democrats have actually stood for something noble, protecting the rights of the minority (and to an extent, free speech), while keeping Republicans on the record about stuffing judicial nominees by other means, like bottling up in committee. Should they still have control of the chamber in 2008 with a Democratic President, it becomes harder to pull those shenanigans.

Frist could have only won this fight with full up-or-down votes; he didn't get them. Brown (and Owen, for that matter) is not a given to even win a final vote.

I notice there is some grumbling on our side. We're 45 strong in the Senate; did anyone actually expect us to get everything we ever hoped and dreamed for? Anything with the word "compromise" in it is a huge loss for Republicans.