The deal averting a showdown in the Senate guarantees up-or-down votes for three of President Bush's nominees, but permits a filibuster to continue against the others, including Judge Henry Saad, an Arab-American (see previous report on judicial nominations).

Appellate lawyer Howard Bashman, of the popular blawg How Appealing, suggests "Judge Saad's nomination was unlikely to be confirmed in a straight up-or-down vote, making the continued filibuster of his nomination of less consequence."