Leaders Say No Deal On Judges

But Some Senators Still Hoping For Filibuster Compromise

(CBS/AP)  Democrats prevented final votes on 10 of Mr. Bush's first-term appeals court nominees, and have threatened to do the same this year to seven the president renominated. Frist has threatened to strip them of their ability to do so by blocking use of the filibuster, a parliamentary device that can be overcome only by a majority of 60 votes or higher, to block confirmation votes.

Republicans hold 55 seats in the Senate and can afford five defections and still prevail on the strength of Vice President Dick Cheney's tie-breaking vote. So far, Sens. John McCain of Arizona and Lincoln Chafee of Rhode Island have announced they will break ranks, and many vote-counters say they expect Republican Sen. Olympia Snowe of Maine to vote with the Democrats.

Democrats also are particularly optimistic that Sen. John Warner of Virginia will side with them, and they continue to court enough wavering Republicans to tip the balance. They include Susan Collins of Maine, Arlen Specter of Pennsylvania, Chuck Hagel of Nebraska and Lisa Murkowski of Alaska.

Neither side appears certain it has enough votes to win if the issue is put to a vote. At the same time, if six Republicans and six Democrats agree to a compromise of their own, they could impose it on the leadership if necessary, averting a showdown.

Even as Frist and Reid gave up efforts to reach a compromise, a small group of Democrats, who have been meeting with Republicans also eager to avoid a showdown, floated a proposal to clear the way for confirmation of some of Mr. Bush's blocked appointees.

Under the proposal, circulated in writing, Republicans would have to pledge no change through 2006 in the Senate's rules that allow filibusters against judicial nominees. For their part, Democrats would commit not to block votes on Mr. Bush's Supreme Court or appeals court nominees during the same period, except in extreme circumstances.

Each member would be free to determine what constituted an extreme circumstance, but Republicans would bind themselves to not changing the filibuster rule for the next two years.

Officials who spoke on condition of anonymity said Democrats involved in the compromise would vote to end any filibuster blocking a final vote on Richard Griffin, David McKeague and Susan Neilson, all named to the 6th U.S. Circuit Court of Appeals.

Democrats would also clear the way for final votes on Janice Rogers Brown for the U.S. Circuit Court of Appeals for the District of Columbia and William H. Pryor Jr. for the 11th Circuit Court of Appeals. Both are among the nominees most strongly opposed by organized labor as well as civil rights and abortion rights groups and others that provide political support for the Democratic Party.

Three other nominations would continue to be blocked under the offer: those of Priscilla Owen to the 5th Circuit, Henry Saad to the 6th Circuit Court and William G. Myers III to the 9th Circuit.