WASHINGTON — Senate Republicans on Tuesday rebuffed a Democratic overture aimed at ending a confrontation over federal judges, saying that any agreement must include a pledge not to filibuster future nominees -- especially Supreme Court nominees.
Minority Leader Harry Reid (D-Nev.) offered to back away from Democratic filibusters on three of seven of President Bush's appellate court nominees if Republicans would pledge not to change Senate rules to end the use of the parliamentary tactic to stall votes on proposed judges.
But Republicans said they were less concerned about current nominees than they were about future ones, especially with an anticipated Supreme Court vacancy this summer.
"Don't just focus on the past," Senate Majority Leader Bill Frist (R-Tenn.) said. "All judicial and Supreme Court nominees deserve a fair up-or-down vote."
Democrats said they would accept no agreement that restricted future use of the filibuster, leaving the two sides at an impasse.
"It would be a fundamental part of any compromise that the 'nuclear option' be off the table," said Sen. Charles E. Schumer (D-N.Y.)
The filibuster rule change has been described as the "nuclear option" because of the political discord it could spark.
Neither side publicly discussed details of the Democrats' offer. However, a senior Democratic aide, speaking on condition of anonymity because of the sensitivity of the discussions, said Reid offered to allow votes on three of seven nominations -- two judges from Michigan and a third judicial nominee of Republicans' choice.
In return, the aide said, Reid asked for a Republican commitment not to change the filibuster rules, along with promises to reinstate judiciary committee procedures that would permit senators to block nominations during the committee vetting process. Reid also asked that a bipartisan task force of retired senators be asked to make proposals on improving the judicial confirmation process.
"I believe my proposal strikes the right balance," Reid said in remarks on the Senate floor. "It protects our democracy and the independence of our federal courts, it protects the American people and lets us do their business, and it breaks a partisan stalemate that is unnecessary and divisive."
The talk of a compromise led to a Republican counteroffer proposed on the Senate floor by the chamber's No. 2 Republican, Majority Whip Mitch McConnell of Kentucky.
