Nuclear Option - Gang of 14

Gang of 14

Senator John McCain (R-AZ) and Senator Ben Nelson (D-NE) reached out to a number of colleagues on both sides to compromise by winning confirmation of some of the disputed nominees (Janice Rogers Brown, William Pryor, and Priscilla Owen) while preserving the judicial filibuster on William Myers and Henry Saad. Their efforts succeeded on the evening of May 23, 2005, one day before the cloture vote. They announced an agreement by seven Republican and seven Democratic Senators to avert a vote on the nuclear option while preserving the filibuster for "extraordinary circumstances." The block of senators who agreed to the compromise included Republicans John McCain, Lindsey Graham of South Carolina, John Warner of Virginia, Olympia Snowe of Maine, Susan Collins of Maine, Mike DeWine of Ohio, and Lincoln Chafee of Rhode Island; and Democrats Nelson, Joe Lieberman of Connecticut, Robert Byrd of West Virginia, Mary Landrieu of Louisiana, Daniel Inouye of Hawaii, Mark Pryor of Arkansas, and Ken Salazar of Colorado. This group was quickly dubbed "the Gang of 14" in various blogs and news outlets. McCain, Chafee, Collins, and Snowe were already on record as opposing the nuclear option, leaving the Democrats two votes short of defeating an attempt to trigger it (they would have needed 51 votes to override Vice President Dick Cheney's tie-breaking vote).

The bipartisan group was large enough to deny Frist the 50 votes he needed to trigger the nuclear option, and also large enough to reach cloture on a Democratic filibuster. It states, in part:

Democrats in the Gang agreed not to filibuster the judges listed in the agreement (save in "extraordinary" circumstances) and Republicans in the Gang agreed not to vote for the nuclear option. The definition of what constituted an "extraordinary" circumstance was left up to the individual senator. For example, Graham and DeWine let it be known that they did not consider nominations to the Supreme Court to fit the definition.

Frist reluctantly approved the compromise. Several of the blocked nominees were brought to the floor, voted upon and approved as specified in the agreement, and others were dropped and did not come up for a vote, as implied by the agreement.

As a result of this agreement, Owen was confirmed 55-43, Brown was confirmed 56-43, and Pryor was confirmed 53-45.