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tritsofme

(19,946 posts)
15. My argument is that the SCOTUS filibuster is already is already dead, so we ought to force the issue
Wed Feb 1, 2017, 02:44 PM
Feb 2017

When it is most politically advantageous to Democrats, not Republicans.

Republicans would much prefer to deal with the nuclear option now, for a nominee they like and a seat that will not alter the composition of the Court, and then head into much more contentious potential Ginsberg/Kennedy/Breyer vacancies with Democrats completely irrelevant to the process.

Republicans would be much more hesitant to go nuclear if the balance of the Court was at stake, and even if they ultimately find the votes to do it, we could extract a much greater political cost at that time.

I am not advocating Democrats never filibuster, so that is clearly a misrepresentation,
just that we do so when it is most favorable to us politicallly.

And again, you confuse norms with constitutionality. The Senate gave its advice on Judge Garland, and withheld its consent. No more is required by the Constitution, a fact future Democratic majorities should not soon forget.

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