May 25, 2005
HERE'S AN INTERESTING PASSAGE from the filibuster-compromise memo:
We believe that, under Article II, Section 2, of the United States Constitution, the word “Advice” speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.
I suppose that I should see this as a sort of vindication, since I recommended just that approach in an article entitled Taking Advice Seriously: An Immodest Proposal for Reforming the Confirmation Process, published in the Southern California Law Review some years back, though I suspect that they're not willing to go quite as far as I suggested..
I guess that makes me a member of the Coalition of the Chillin'.