Going Nuclear

Writing for FindLaw, former Nixon legal counsel John Dean describes how conservative Republicans plan to use the "nuclear option" to end filibuster of judicial nominees. Republicans hold a 55-45 majority in the Senate, but closing debate requires 60 votes. Dean says that historically, the threat of a filibuster has been used to ensure that nominees have bipartisan appeal. Moreover, he notes that in an ironical twist the "minority" Democrats actually represent a "majority" of American citizens:

[Washington Post columnist E. J. Dionne Jr.] found, based on July 2004 Census Bureau figures, that the 44 Democratic Senators represent 148,026,027 people, while the 55 Republican Senators represent 144,765,157. (Independent Vermont Senator Jim Jeffords, who votes with the Democrats on such issues, represents 310,697, making the gap even greater.)

Dean believes that this should not be a partisan issue:

Should the minority party (whichever it might be) have a say in federal judicial nominations - including Supreme Court nominations - as it has throughout the history of the Republic? Or should it be utterly shut out?

He notes that should the Republicans employ the nuclear option once, then all bets are off. Democrats can force a procedural halt by demanding that the Senate follow all of its rules, literally, rather than its customary "unanimous consent."

He also points out that the legal writer for the National Journal has counseled "moderate Republicans to think twice about joining their fire-breathing brethren."