Gang of 14 - Initial Results

Initial Results

As a result of the agreement, Priscilla Owen was confirmed 55-43, Janice Rogers Brown was confirmed 56-43, and William Pryor was confirmed 53-45. The two nominees who were not specifically guaranteed cloture in the agreement, William Myers and Henry Saad, both later withdrew. Myers of Idaho was opposed by the Democratic leadership because of the perceived anti-environmental bias of his work as the solicitor general of the United States Department of the Interior and as the deputy general counsel of the United States Department of Energy. Saad of Michigan, on the other hand, was opposed by his two Democratic homestate senators, Carl Levin and Debbie Stabenow, because he had angered Stabenow in September 2003 by sending out an e-mail critical of her participation in his original filibuster. In the e-mail, Saad wrote to a supporter about Stabenow, "This is the game they play. Pretend to do the right thing while abusing the system and undermining the constitutional process. Perhaps some day she will pay the price for her misconduct." Stabenow became aware of the e-mail when Saad accidentally sent it not only to the supporter but also to Stabenow's office. .

The immediate and proximate political result of the agreement was the curtailing of Democratic filibusters and the short-term end to the "nuclear option" debate. Three judicial nominees not explicitly mentioned in the original Gang deal were confirmed under its provisions: David W. McKeague, Richard Allen Griffin and Thomas B. Griffith.

Sen. Orrin Hatch at the time characterized the deal as "a truce, not a ceasefire", and the potential for a resumption of hostilities was obvious to everyone. The compromise purported to rule out Democratic filibusters in "all but extraordinary circumstances", yet the day after the compromise was announced, Democratic Minority Leader Harry Reid provocatively announced in a speech on the Senate floor that in his view, the Democrats were already using the filibuster in only "extraordinary circumstances". Equally, a provocative attempt by Sen. Carl Levin to shut the door on the nuclear option by obtaining a ruling from the chair – at that moment, Senator John E. Sununu – that the filibuster had been yielded as constitutional by the compromise, failed; the Republican leadership, thus, retained the nuclear option. Consequently, moderates on both sides were able to claim victory, and partisans on both sides were able to avoid defeat.

The compromise was further tested by the confirmation battle over the nomination of Samuel Alito to the Supreme Court to fill the vacancy left by Sandra Day O'Connor's retirement. A number of Democratic senators attempted a filibuster; however, the entire Gang of 14 voted for cloture, which passed by 72 to 24 (with 60 "aye" votes needed to end the filibuster). Several members of the Gang of 14 then voted against confirming Alito, including Republican Lincoln Chafee.