I would like to see them force the dems into a for-real, sho-nuf filibuster that dragged on for weeks or months until victory is obtained and the enemy destroyed. They have only had sissy little pretend filibusters as a sop to conservatives up to now, The dems would loose the PR war over the filibusters as it dragged on and on, and you wouldn't have all this hand wringing over whether to "go nuclear." Once we kick their ass, if we decide we don't like winning, we can always go back to losing again.
John Kerry:
I had one of those, once.
(Looks across table, at wife, Theresa Heinz. Hangs head in shame.)
A full court filibuster means that the Republicans have to keep at least 50 on the floor at all times to prevent closing the Senate with a quorum call. Only 1 Democrat would need to be present at all times to prevent anything being passed by unanimous consent. That means only 2-3 Republicans to hit the talk shows and 45 Democrats to do the same. Somehow I think the Republicans would get smoked in the PR war.
If the filibuster is to be used, a rule change is still needed. Maybe they should have add a rule that allows 2/3 of members present to break a filibuster. That would keep most of the Democrats in the room also. But if you're going make a rule change, why not use the constitutional mandate of advise and consent to bring an end to filibusters for judicial nominees.
As the lead essay points out, the Democrats wouldn't let something like the rules stop them from putting whoever they want into the courts. The way Republicans lose this big-time is if they nominate "moderates" so that the Dems will play nice. I think they're on the right track and will find some way through this logjam. This is Bush using the rope-a-dope strategy, although he's giving them more rope than I would.
I predict the Senate will initiate some rule change, but it won't be one that will allow them to quickly ram through nominees. It will rather be one that forces Dems to spend a lot of visible political capital to obstruct, that drives a wedge between their voters and special interests, and still allows nominees to be placed in the end by simple majority.
To some extent I agree. I think a filibuster should be a filibuster. Make some of these old Democrat rat-b*s+#4ds stand there and soil themselves for a week.
THEN go nuclear.