[Torie]

It is all political. Will it gain the GOP much traction? I doubt it, unless and until there really is a widely perceived crisis arising from court vacancies, and then the issue could cut both ways. Swing voters tend to prefer the contestants to compromise, which means if they have their way, that only moderates need apply to choke point judicial slots. That would be a pity. I tend to enjoy the legal sparring of the more ideologically committed, and I think such sparring strengthens and enriches not only the law, but the public square. But then I am a lawyer.

Of course, I would prefer there be majority for the Torie reading of what is the true right path, which is itself ideosyncratic - activist in some applications of the Constitution (suspicious of "states rights," robust when it comes to trying to make the voting and political process "fair," and this nation one seamless economic unit, for example, and hands off in many other areas.

There is much to be said for dumping the 60 vote requirement in the Senate. Of course, someday, that will bite conservatives in the ass if it is done away with. Democracy is a bitch, and I love it.

[jwalsh07]

I don't see much downside for the pubbies.

As you know, I favor he original intent of the Constitution that requires a simple majority for the appointment of judges.

The pubbies don't have the wherewithal to withstand the pounding of the left leaning media if they attempted to fillibuster a democrat Presidents selections at this kind of rate.

So, if they can get out of this with a simple majority, I see that as a net plus for the party and the country. Win, win.