I was no more enthusiastic about yesterday’s Brooks column than my fellow Cornerites, but it got me thinking: Is there a potential deal that both sides could accept? One possibility I thought of is a combination of the current Frist deal (or its equivalent, like the old Democratic legislation for successively declining cloture requirements) with a restoration of the blue slip. Senate Democrats could like this deal because it would allow them to block some Bush judges. So why should Republicans like it? Perhaps because it is, essentially, a restoration of the status quo ante Democrats started their filibusters and — unlike the current situation — comports with Senate tradition. During the Bush 41 and Clinton presidencies, the blue slip was the only means for the Senate minority to block judicial nominees with majority support, and it was used by both Democrats and Republicans. Moreover, it was based upon the understandable principle that home-state Senators — as representatives of their states qua states — should have some influence on their states’ representation on federal courts.

I have not yet sold myself on this deal because I am not a big fan of the blue slip. On the other hand, Senate Democrats have a fair point that this is the first time in history that Senate Republicans have called for an up-or-down vote on each and every judicial nominee. Republicans did not treat Clinton’s nominees that way when they were in the majority, even if they treated Clinton’s nominees better than Democrats have treated Bush’s nominees. Nonetheless, this deal would preserve what I believe is the central (and most important) argument on the GOP’s side, which is that the Democratic filibuster of judicial nominees is unprecedented and cannot be allowed to stand.

On the practical side, this deal would mean that all of Bush’s current nominees would go through save for the “Michigan Four.” Given that both Michigan Senators are Democrats, the GOP might have to make a deal on those seats. On the other hand, this deal would make it readily transparent that the obstruction of these four nominees has little to do with ideology, and is political payback, pure and simple.

Would such a deal make sense? I’d be curious what Shannen, Ramesh, Mark and others think about this idea.