...in a Senate nuclear war, that is. We seem to have a tentative deal. According to various reports (here's Greg's) and tweets, it appears that the deal involves:
(1) Cordray gets cloture, ending that nullification battle
(2) The other "regular" nominees (EPA, Labor) get cloture
(3) The NLRB nominees are withdrawn, and replaced; the new nominees get cloture in time to be in place by the time they're needed for NLRB to function
(4) No specific promises or commitments for the future; Reid retains the possibility of going nuclear later in the Congress if nomination obstruction continues.
If that's what's happening, it's very close to a total victory for Reid and the Democrats. Yeah, they hve to give up Barack Obama's picks at NLRB, but (again, if the reporting is correct) he'll jut replace them with other people. Nullification will be dead. And routine filibusters on exec branch nominees may be dead, too.
Basically, this is the deal that I said yesterday that Reid should take. Yes, the idea that the "illegal" NLRB nominees shouldn't get confirmed as normal nominees doesn't make any sense. But so what? Nothing major is at stake there (Democrats are not conceding the recess appointment argument by switching nominees), so if that's what Republicans need to save face, it's not a bad deal.
And you're going to see lots of liberals saying that a deal is a disaster because Republicans won't live up to it, but in my TAP column today I say that's a myth.
As I write this, the vote on Cordray is finishing up, with plenty of votes for cloture. This is a pretty solid victory for the Democrats, and one that basically is the result of GOP overreach: if they had used filibusters far more selectively, my guess is they could have got away with this one, as unjustifiable as it may be.
More later, I suspect, when more details are available.