Having our fill of filibusters

 

A thought on the Daschle special, the filibuster, which is having a longer political life than the former Senator.  First, I am in favor of Senate rules that allow for filibusters.  While the filibuster is not in the Constitution, it fits nicely within the theory of the Constitution as it pertains to protecting the rights of the minority.  This is a role that the Senate in particular was meant to play.  Let's not forget, fellow conservatives, that the filibuster served us well in the 1990s and for many years kept hated free speech regulations from becoming law (although ultimately they passed in the form of BCRA).  It strikes me that it is shortsighted for Republicans to consider lowering the number of votes needed for cloture.  It sets bad precedent.  Someday there may be a President Hillary Clinton who has a Senate majority and she might want to socialize medicine.  Republicans might need a filibuster to defeat this.  The Democrats will vote to lower the number of votes needed for filibusters because "the people are crying out for socialized medicine" or some such nonsense.  Republicans will then pay for setting a precedent. 

Yet we all agree that the Democrats have made obnoxious use of the filibuster to block judicial nominations.  It seems to me that there is a political solution to a political problem.  The way the Senate operates now is that nobody ever actually has to filibuster.  You show that you have enough votes to defeat cloture and the other side caves.  What if Republicans didn't cave this time?  What if Republicans actually said, "We are not doing any other business until we get an up or down vote on Justice [insert name]"?  What if the Senate can't pass appropriations bills because the Democrats won't end debate?  What if necessary programs are not getting attention because the Democrats won't end debate?  The real nuclear option is to actually force the Democrats to filibuster, to shut down the Senate, and force them to defend their practices in public.  Although it interests activists, to most people the judicial fights are below radar. Thus Democrats can get away with their iniquitous behavior.  This is a way to get the average person concerned with judicial nominations.  Make the Democrat intransigence start hitting people in the pocket book and you'll see things change really fast.  And it will be the Democrats' fault.  All Republicans want is a vote.