Originally posted by: ProfJohn
Just a thought...
Say the Democrats don't get to 60.
And President Obama nominates a few judge the right doesn't like so the Republicans filibuster them.
Do you think the Democrats will start to talk about the 'nuclear' option themselves? Or will they just piss and moan like the Republicans did for years.
Based on the way the Democrats use the courts to enact their policy I think they go nuclear. Every judge they get puts them one step closer to gay marriage or gun control etc etc.
The Democrats don't 'use the courts to enact their policy'. What's funny is the vast majority of the judges that conservatives endlessly complain about (add the 'librul judiciary' to the list with the 'librul scientists', etc.) are actually Republican appointees. Maybe, just maybe, these judges are... you know... interpreting the law and the constitution and that's how they come to these decisions.
Anyways, if the Democrats don't have 60 votes (and even if they do) I expect a blizzard of filibusters that would make even this year's record shattering total pale in comparison. Even though this year it looks like the Republicans in the Senate (yes, the very ones who labeled the Democrats 'obstructionist') will break the previous filibuster record by more than 200%. Next Congress I could easily see that total double again. If it comes down to that, I don't know what I would say. If the Republicans do what I think they will, they will in effect be shutting down the government. At that point, what do you do? Do you allow the minority in a single chamber to hold the entire government hostage?
I firmly believe in the rights of the minority, but I'm genuinely worried that the Republicans will force a situation where a choice has to be made between the function of government and respect of those rights. What is the answer then?
As for the Democrats, they have already controlled the Senate this year and you have heard only moderate complaints about the Republicans using the filibuster even though they have been the most obstructionist minority in Senate history. It's fairly likely that the Dems will lose their respect for the filibuster in much the same way that the Republicans have suddenly found a newfound love for the rights of the minority party. That's just politics.
Seriously though, the Senate is the single most fragile institution in our government. Pretty much the only thing that keeps it functioning is a general agreement between all its members not to blow it up... as even a single member can grind the chamber to a halt. I'm worried the Republicans will try and blow it up.