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Fourteen senators brokered a deal in Senator John McCain’s office that would permit confirmation votes for Priscilla Owen, Janice Rogers Brown and William Pryor, who had previously been blocked, with “no commitment to vote for or against” appeals court nominees Henry Saad and William Myers.

The deal permits filibustering only “under extraordinary circumstances” at the discretion of individual senators with Republicans and Democrats pledging to oppose attempts to change filibuster rules conditional on Democrats upholding their end of the deal.

Democratic Senate Minority Leader Harry Reid sent out a statement, saying,

“There is good news for every American in this agreement. The so-called ‘nuclear option’ is off the table. This is a significant victory for our country, for democracy, and for all Americans. Checks and balances in our government have been preserved.

The integrity of future Supreme Courts has been protected from the undue influences of a vocal, radical faction of the right that is completely out of step with mainstream America. That was the intent of the Republican ‘nuclear option’ from the beginning. Tonight, the Senate has worked its will on behalf of reason, responsibility and the greater good.

We have sent President George Bush, Vice President Dick Cheney and the radical arm of the Republican base an undeniable message: Abuse of power will not be tolerated, and attempts to trample the Constitution and grab absolute control are over.”

Senator Russ Feingold, however, was much less impressed with the filibuster deal, saying,

“This is not a good deal for the U.S. Senate or for the American people. Democrats should have stood together firmly against the bullying tactics of the Republican leadership abusing their power as they control both houses of Congress and the White House. Confirming unacceptable judicial nominations is simply a green light for the Bush administration to send more nominees who lack the judicial temperament or record to serve in these lifetime positions. I value the many traditions of the Senate, including the tradition of bipartisanship to forge consensus. I do not, however, value threatening to disregard an important Senate tradition, like occasional unlimited debate, when necessary. I respect all my colleagues very much who thought to end this playground squabble over judges, but I am disappointed in this deal.”

I hope Senator Reid is right - but I believe Senator Feingold. That said, there was real risk to brinkmanship by the Democrats. I suspect it would have ended in a Democratic victory - but a defeat could have been pretty devastating for Democratic opposition. Sometimes you have to cut your losses and wait for another day. This was likely that time. As Senator Byron Dorgan said (via Yahoo! News), the deal was “legislative castor oil. It averts the showdown vote tomorrow, but I doubt it’s over.”