 While McCain was opposed to abortion, he said that he would not use abortion as the litmus test.On May 23, 2005, McCain led fourteen Senators to forge a compromise on the Democrats' use of the judicial filibuster, thus eliminating the need for the Republican leadership's attempt to implement the so-called "nuclear option" (also known as the "constitutional option").Under the agreement, Senators would retain the power to filibuster a judicial nominee, the Democrats would agree to use this power against Bush nominees only in an "extraordinary circumstance", the Republicans involved would agree to vote against the nuclear option if implemented, and three of the most contested Bush appellate court nominees (Janice Rogers Brown, Priscilla Owen and William Pryor) would receive a vote by the full Senate.