It seems the Republicans have proved to be spineless again. . .seven Republicans lead by John McCain have decided to make a deal where there is cloture (or end of debate) on three nominees (Janice Brown, Bill Pryor, Priscilla Owen) for the Republicans’ promise to not support the constitutional option.

As bloggers at the Corner and Bench Memos have aptly pointed out, not only are the Republican senators who agreed to this compromise spineless, they are also dumb. A reader writes Jonah Goldberg:

So let me get this straight. The Democrats agree top allow three votes they can’t stop in return for the Republicans stopping all the other votes they ( the Democrats) can’t stop. The Republicans agree that the Democrats can do this again if they decide conditions constitute an “extraordinary circumstance”, and the Republicans agree that until the next election they will allow them to do this witout fear of retribution. This is what passes for moderation and compromise in Washington? What did we gain that we didn’t already have? What did we give up in return for nothing?

This is the deal from Bench Memos):

MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS

We respect the diligent, conscientious efforts, to date, rendered to the Senate by Majority Leader Frist and Democratic Leader Reid. This memorandum confirms an understanding among the signatories, based upon mutual trust and confidence, related to pending and future judicial nominations in the 109th Congress.

This memorandum is in two parts. Part I relates to the currently pending judicial nominees; Part II relates to subsequent individual nominations to be made by the President and to be acted upon by the Senate’s Judiciary Committee.

We have agreed to the following:

Part I: Commitments on Pending Judicial Nominations

A. Votes for Certain Nominees. We will vote to invoke cloture on the following judicial nominees: Janice Rogers Brown (D.C. Circuit), William Pryor (11th Circuit), and Priscilla Owen (5th Circuit).

B. Status of Other Nominees. Signatories make no commitment to vote for or against cloture on the following judicial nominees: William Myers (9th Circuit) and Henry Saad (6th Circuit).

Part II: Commitments for Future Nominations

A. Future Nominations. Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

B. Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

We believe that, under Article II, Section 2, of the United States Constitution, the word “Advice” speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.

Such a return to the early practices of our government may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate.

We firmly believe this agreement is consistent with the traditions of the United States Senate that we as Senators seek to uphold.

Update: Daily Kos gloats here.