The White House earned a quick benefit from the compromise worked out by Senate moderates on Monday: Texas Supreme Court Justice Priscilla Owen was confirmed to serve on the federal bench. The vote was 56-43 in favor of Ms. Owen.

With the outcome hardly in doubt, there was minimal debate on Ms. Owen's nomination before a vote was called for.

Senate Majority Leader Bill Frist, who was threatening to change the rules of the Senate to get all of the president's judicial nominees confirmed, said that Owen had 'withstood an orchestrated partisan attack on her record.'

Democratic Senator Charles Schumer of New York was much more critical of Owen, although he praised the deal that prevented the 'nuclear option.' 'In case after case, Justice Owen comes to conclusions that are simply not justified by the facts or the law. And these decisions consistently come down against consumers, against workers, and against women seeking to exercise their constitutional right to choice,' Schumer told the 'Los Angeles Times.'

Owen was originally nominated for the federal judiciary by Mr. Bush in 2001 but her nomination was defeated in committee due to some of her more controversial views. In 2003, Bush re-nominated her. Her nomination was in limbo due to Democratic filibusters until today.

Mr. Bush was pleased about Owen's confirmation although he was silent about the deal that made it possible. 'Over four years ago, I put Judge Owen's name up to the Senate for confirmation to the 5th [Circuit] Court of Appeals,' Bush said. 'Thanks to the good work of the leader ... Judge Owen is finally going to get an up-or-down vote on the Senate floor.'

Conservatives seemed disappointed by the compromise deal. Texas Republican Senator John Cornyn said, 'It is clear to me this agreement among these 14 — to which 86 senators were not a party — does not solve anything. What it does do is perhaps delay the inevitable.'

The 'inevitable' may be a showdown as to whether or the minority party in the Senate will have any meaningful say with regard to 'advise and consent' on judicial nominees. It seems as though the White House and right-wing members of the Senate are biding their time for another chance to implement the 'nuclear option.'