Number: RS22208
Title: The "Memorandum of Understanding": A Senate Compromise on Judicial Filibusters
Authors: Walter J. Oleszek, Government and Finance Division 
Abstract: Since at least the mid-1990s, there has been an increase in White House-Senate struggles over judicial nominees, especially involving appellate court justices. Tensions between the two Senate parties rose so high in May 2005 that the majority leader indicated that he might employ a procedural maneuver - the so-called "nuclear" or "constitutional" option - to end judicial filibusters by a majority rather than a supermajority vote of the Senate. The use of this maneuver was averted, at least for the time being, by a "memorandum of understanding" signed by seven Democratic and seven Republican senators. The memorandum suggested in part that the seven Republicans would not vote for the nuclear or constitutional option; the seven Democrats agreed not to filibuster judicial nominees except under "extraordinary circumstances."
Pages: 6
Date: July 26, 2005