Republicans, like a bully punched in a nose for the first time after doing it to others for years, are really crying this morning. They are angry, vowing revenge like they are in some Shakespearean story. They think their threats about retaliation actually scare us. But Ed Kilgore is right:
Senate Republicans apparently thought their threat to escalate the fight over the filibuster to include Supreme Court Justices once they were in a position to do so would be enough to make Democrats pause, or at least consider another “gang” deal like the ones that failed to make much difference earlier in the year. They were wrong. So now we’ll begin hearing that Democrats will soon deeply regret their action once Republicans retake the Senate and the White House and start stacking the federal judiciary with Federalist Society members.
Sorry, but I don’t buy it. For one thing, it was a foregone conclusion that Republicans would “go nuclear”–certainly over judges, and maybe over everything–if and when they were back in power. I mean, seriously, does anyone think that after forty years of promises to the Christian Right the GOP is going to be able to deny its “base” the fifth sure Supreme Court vote (perhaps) necessary to overturn Roe v. Wade? Over a Senate rule? No way. The judicial filibuster power was doomed anyway, and all it served to do at present was as a temporary instrument for GOP power that would be exercised by any means available.
Indeed, the minute the GOP had control of the White House and the Senate again, they were going to go nuclear on everything. All nominations and all legislation. No matter what the Democrats did yesterday. They were going to do it because they are Republicans and they can do whatever they want whenever they want. So, by going nuclear yesterday, it means that at least President Obama can do what all other Presidents before him have done: staff his Administration and get his qualified judges confirmed.
And it is no threat to me that you are going to take away the filibuster on legislation and Supreme Court nominations, Mitch, because I want those gone too. Yes, yes, it means that the social safety net and the right to choose and other important programs are now more at risk, but you know what: good.
I have always believed that elections have consequences. That is why elections are a big deal. That is why it is important that all citizens vote in them. Back in 2005, I argued, against the grain, mind you, that President Bush was every bit entitled to appoint conservative judges since he won the 2004 election fair and square. My fellow liberals were billowing that we have to filibuster Roberts and Alito, and I said screw that. You can filibuster Harriet Myers if you want to, because she was just an unqualified fangirl. But Alito and Roberts, while scary and conservative, were qualified jurists. But I digress…
The elimination of the filibuster will better allow the American people to judge the consequences of who they vote for. If they stupidly vote for a Republican President and a Republican Congress, then Social Security, Medicare and Obamacare, and every other social program, will be ended in the first 100 days. And abortion will be banned by law. It is what the GOP wants to do, and without the filibuster they can finally do it. And I say good! Because the people should suffer the consequences of voting Republican, so maybe they won’t do it again.
On the flip side, without the filibuster, Obamacare would have at the very least a robust public option. Comprehensive immigration reform would have been passed. A jobs bill would have been passed. A more robust stimulus would have been passed. The Obama Administration would have been fully staffed in 2009 rather than five years later. The DREAM Act would have passed. The DISCLOSE Act would have passed. And I could go on and on.
So I cheer the death of the filibuster and I laugh at Republican threats.