The latter two nominees will still be blocked, Senate Majority Leader Harry Reid later said.
As for future judicial nominations -- those involving the U.S. Supreme Court, for example -- it's a judgment call:
"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."
In the second half of the memo, the 14 senators agreed to oppose a rules change (an end to judicial filibusters) in the 109th Congress.
The memorandum said, "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."
