WASHINGTON -- May 24 -- The nuclear option is off the table. Senators' right to filibuster is intact. These are victories for the Senate, the nation, and our constitutional system of checks and balances.

The nuclear option would have set a destructive precedent for rulemaking by rule-breaking. We are pleased that a bipartisan majority of Senators has refused to let Senate Majority Leader Frist make good on his promise to radical right leaders to destroy the Senate's rules, traditions and precedents.

We deeply regret that the deal to preserve the filibuster comes at a real
price: it clears the path for possible confirmation of federal appeals courts nominees who would undermine Americans' protections under our laws and Constitution. We are dismayed that the agreement announced today could lead to the confirmation of nominees who should be rejected based on their records and radical judicial philosophies.

Preserving the filibuster does not eliminate the need for Senators to evaluate the nominees on their merit. We strongly urge senators who have affirmed the importance of the Senate's independent role in the judicial confirmation process to exercise their constitutional responsibility to examine each nominee carefully. We believe the Senate should withhold its support for judicial nominees who have not demonstrated a commitment to civil rights, privacy rights, environmental safeguards, workers' rights, consumer rights, and religious liberty.

Preserving senators' right to filibuster is especially important in the context of expected vacancies on the Supreme Court. The role of the filibuster in encouraging bipartisan consultation and compromise is now clear. We urge President Bush to seek consensus rather than confrontation, and to work with senators from both parties to identify fair-minded and well-qualified Supreme Court nominees who can win genuine bipartisan support.

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