Moreover, pay attention to the language in the deal that emphasizes the advise in advise and consent. This is a strong signal from these repubs that bush should consult prior to a nomination. In their press conference, the compromisers said that they would be talking with each other, especially if the Dems thought there were "extraordinary" circumstances.

As a result of that, if bush were to nominate a Brown or Owen or Pryor, without consulting, I think you can expect several of these repubs to be mighty irritated.

They've all worked their ass off for this compromise. They didn't do it for it to mean nothing. And bush can violate it by not consulting with both repubs and Dems.

This administration will give you plenty of reason to be dispirited and angry. Let yourself enjoy a moment when we stopped their radical agenda. Because, no matter what you think, that is what has happened.  

"Oh yeah?" We respond: "what about [insert stubstantive causes for outrage]!" The MSM, in reporting the question of whether or not the case is "extraordinary," pretty much HAS to focus on Dem complaints, whether than on process (as in the current media coverage of the nuke option).

Put differently: if the Rethugs try to go nuclear, they won't be able to do so on the rationale of "every nominee deserves an up or down vote"--they've just conceded that principle. It will have to be on the rationale that Wingnut X is not out of the mainstream. And that is a debate we'd love to have. Bring it on.

It must be said though that because of this compromise Scalia is the next chief justice. No way that elevating a major sitting justice can be considered "extraordinary." Then again, since it actually would be extraordinary, the argument may be made ...