Asked whether that would break the Senate's much heralded compromise last month not to filibuster judicial appointments except under "extraordinary circumstances," Biden explained:Apparently the Democratic Party includes a Supreme Court opening in its definition of an extraordinary circumstance. Note to Senator McCain and the Republican dealmakers: that uncomfortable wet, sticky sensation that you are now experiencing over most of your faces is called "egg".
"[The Supreme Court] is a totally different ball game . . . A circuit court judge is bound by stare decisis. They don't get to make new law. They have to abide by [legal precedent]."
The real question now is whether or not the Republican Senate moderates will abandon the deal even when the Democrats launch a filibuster against President Bush's eventual Supreme Court nomination. Unfortunately, just the fact that the question has to be posed indicates that it is entirely possible that the Republican moderates will make their stand with a deal that has become binding only on themselves.
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