Jonathan H. Adler at The Volokh Conspiracy writes:
Despite allowing the confirmation of judges for other courts, and one D.C. Circuit nominee, Republicans have continued to block Obama’s latest D.C. Circuit nominees. Now that Senate Republicans have … successfully filibustered five Obama nominees — the same number as Senate Democrats blocked with a filibuster (but half those for which cloture was initially defeated) — Senate Majority Leader Harry Reid wants to change the rules. According to several news reports, Senator Reid is prepared to invoke the so-called “nuclear option” and force through President Obama’s nominees on a party-line vote, perhaps as early as today. What this involves is making a parliamentary ruling that only a majority vote is required to end debate on a judicial nomination and then sustaining that decision with a majority vote. Some Senate Republicans threatened to take such a step during the Bush Administration, but backed off when a group of Senators from both parties forged a temporary deal to end the stand-off and avert the rule change.
The ‘nuclear option’ represents the clear admission that the division of powers is not only dead but spectacularly cremated, with judicial appointees formally reduced to partisan functionaries. It would thus signal the explicit demolition of the US Constitution. Since a wheezing travesty is worse than a corpse, even strong supporters of the constitutional principle should have few problems with this specific instance of incendiary termination.
America’s crisis of governance is hurtling to a conclusion far sooner than most sober commentators had imagined. As with so many other institutional questions posed in the hysterical phase of Left Singularity, there’s only one realistic response: Let it burn.
ADDED: It’s about jobs.
ADDED: “Democrats nuked the ratchet” (roughly my argument, but on MDMA).