The Republicans would hold off on the Constitutional Option until the RATs filibuster a SC nominee - and then pull the trigger. You mean ... you mean ... the DEMs control when the issue hits the fan?
The failure of the Senate to vote on a nomination is a confusing issue when expressed clearly, nevermind when the underlying dysfunction and remedy are obfuscated with indefinite terms like "filibuster" and "nuclear trigger."
- The dysfunction is a DEM refusal to vote on a nominee, even after ample opportunity to debate. This refusal interferes with the President's Constitutional power to seat officers of his preference.
- The DEMs, by creating and controlling the dysfunction, have control over the need for a remedy. They have the trigger on the nuclear option. The issue evaporates if and when they agree to vote on a nomination.
A "dry run," where the GOP threatens the nuclear option but doesn't deliver it (because the DEMs approve cloture) will work in DEM favor. How? Some GOP will take the failure to execute the nuclear option as a GOP failure. They've been conditioned to think that Frist has the trigger! Also, the build up of debate for days, with no release except the vote on the nominee, will wear the Senators down.
Pull this a couple times, and the entire public will tire of what it sees as "a charade." All of that leads, potentially, to "more care" in choosing SCOTUS nominees.
I agree, but can the dems now invoke cloture after pounding away for years that these judges are to extreme for the bench?
Or will they use the angle that they're only allowing these judges through in order to keep the filibuster tradition alive and if they didn't the nasty Republicans will blow up the Senate (making us the bad guys)?