From Sen. Cornyn in the San Antonio News-Express (registration req'd, reprinted at link above), these comments on the filibuster of judicial nominees and the Constitutional Option:
I was not a party to this deal. I firmly believe we should restore the Senate tradition of majority vote on all judicial nominations . . . It is nevertheless important to recognize three important elements of the deal reached by these 14 senators:
First, although it doesn't solve the problem today, the deal does keep all options open — including, of course, the Byrd option — for solving the problem in the future.
Second, with [judge Priscilla] Owen's confirmation, it should now be settled that disagreement over judicial philosophy is not an "extraordinary circumstance" — and, thus, no justification for a filibuster. Call it the "Owen standard." . . .
Third, should the Owen standard be violated and a baseless filibuster against a judicial nomination be launched in the future, that would be a violation of the agreement — and, thus, grounds for the use of the Byrd option to restore Senate tradition.
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