The Coming Constitutional Option

Thanks to Poliblog for the link and for setting me straight on this one. From now on, I am using the term Constitutional Option rather than the media approved "nuclear option" to describe the potential ending of the Senate Democrat filibusters on judicial nominees. For obvious reasons, the media loves to push the term "nuclear option" to imply the potential Republican move as something extreme and unfair. In my view, the "nuclear option" has already been put into place by Democrats for their unprecedented use of the filibuster on judicial nominees.

As Republicans appear to be getting very close to ending the filibusters and forcing an up-or-down vote, Harry Reid has threatened a Senate shutdown. I hope the Republicans call Harry's bluff - I think it would end in disaster for the Democrats if things were shut down. As Poliblog expalins,

First: I would point out that the last politician to shut down the government was Newt Gingrich, and it didn’t work out all that well for him.

Second: I would note that the last Senate Minority Leader to be associated with obstructing judicial nominations was Tom Daschle, and it didn’t work out all that well for him.

Third: I would also underscore that most people won’t notice if the Senate only does the bare minimum. If McConnell thinks there is no clamour for stopping the filibuster, there is likewise no outcry for the Senate to pass a bunch of laws. Indeed, most people are unaware as to what the Senate does on a daily basis anyway. (Indeed, I personally would kind of like it if they onyl did the bare minimum…)