Dont Cry for the Filibuster, My Fellow Liberals – Daily Beast
Not much really changed when the Senate dropped this bomb, and Democrats know now theres no point in playing nice anymore.
So the Senate, as expected, went nuclear Thursday, and from this point forwardstarting Friday, and thereafter forever afterSupreme Court nominees will need only 51 votes to get on the Court.
I hate seeing Neil Gorsuch rammed through, which will happen Friday, as much as the next liberal. I suspect hes seriously right wing and will be a nightmare to have on the Court for three decades or more. (Now heres a grim thought: I will die with that man on the Court.) But he looks nice enough. Its terrible that in our day and age everything basically comes down to how a guy looks and presents. Somebody can be as right wing as Atilla the Hun, but if he doesnt look the caricatureif he literally doesnt have wild eyes and bushy eyebrows and a handlebar moustache that he twirls while answering senators questionshell skate through.
And yet, I say to my fellow liberals that all is not lost. People worry about two things here: one, the demise of a Senate tradition; two, the fact that now President Trump can nominate any kind of crazy right-winger to the Court, and he or she can be confirmed with 51 votes. Lets break those worries down.
On the first point, I say sod the Senates traditions. The Senates traditions stink. The Senates traditions are reactionary and have been used time and time again in our history to block progressive change. The Senate was a compromise in the first place between small states and large states, and the Connecticut Compromise that created our bicameral legislature passed by just one vote. Small states have always had too much representation, and in the main, they tend to be more conservative states.
Then you have this filibuster, which arose in the 1820s and as you probably know was rarely usedonly to block civil-rights billsuntil the 1970s and 1980s. Its a terrible rule because it makes an effective majority out of 41 no-voting senators. Like the guy from the Broadway show said in Federalist 22: To give a minority a negative upon the majority (which is always the case where more than a majority is requisite to a decision) isto subject the sense of the greater number to that of the lesser number. He added that such a provision would destroy the energy of government, handing outsized power to an insignificant, turbulent or corrupt junto.
So now the minority side wont be able to filibuster a High Court nominee. The legislative filibuster remains in place (and in a better world, Id like to see the legislative filibuster go too, but were not in that world right now). But in truth, the filibuster has been rarely used for Supreme Court nomineesjust four times in the last half-century. The Democrats didnt even filibuster Clarence Thomas. Times were still different back then. Bet theyd like that one back.
All this leads to the second point, which is indeed more problematic. Trump could nominate anyone, and all theyd need is 51 votes. I dont know if Sebastian Gorka has a jurisprudential brother, but Trump could nominate him, fascist chest pin and all, and the Republican majority would confirm him in a flash. Or any of the actually-existing radicals. Roy Moore. Janice Rogers Brown. If you dont know these people, read about them. Theyre some of the greatest minds of the sixteenth century.
Thats something to worry about. Three current justices might not make it to 2021. Who knows what that bench could look like. Its a terrifying thought, and there isnt much we can do about it.
But two points. First, there wasnt much we could do about it before. If Mitch McConnell didnt go nuclear over Gorsuch, he was going to do it the next time, maybe over somebody even worse. So theres no way to stop the Republicans putting Roy Moore on the Court if they want to. But there wasnt any way to stop it last week, either. On that front, nothing really changed this week.
Second, inevitably in these matters, what goes around comes around. Those three justices might not hang on. But then again they might. And by 2021, God willing, the man who was (not) told by Elijah Cummings that hes destined for true greatness will be back on 57th Street.
Then, the Democrats can push through liberal nominees with 51 votes. And, possibly, by 2024, the Court will consist of a 5-4 liberal majority, with young liberal justices like this man, whom I wanted Obama to nominate last year after Scalia died, and the Court will no longer be a cog in [the Republicans] political machine, as E.J. Dionne put it in a bracing column today.
Excerpt from:
Dont Cry for the Filibuster, My Fellow Liberals - Daily Beast
- Texas Politics Keeps Moving Rightward. Meet Ten Liberals Who Fled the State. - Texas Monthly - January 9th, 2025 [January 9th, 2025]
- Facebook Fact Checks Were Never Going to Save Us. They Just Made Liberals Feel Better. - The Intercept - January 9th, 2025 [January 9th, 2025]
- Liberals win support of NDP, independents by promising enhanced review of Churchill Falls MOU - Yahoo News UK - January 9th, 2025 [January 9th, 2025]
- Rebuilding the Liberals after Trudeau - The Globe and Mail - January 9th, 2025 [January 9th, 2025]
- Opinion: To avoid decimation, the Liberals likely need a leader from Quebec - The Globe and Mail - January 9th, 2025 [January 9th, 2025]
- Several top Liberals say they're eyeing leadership but they're waiting to see the rules first - Yahoo News Canada - January 9th, 2025 [January 9th, 2025]
- The Liberals could be crushed in the next election. Why would anyone want to lead them? - CBC News - January 9th, 2025 [January 9th, 2025]
- Local Liberals applaud Trudeau and his decision to leave while Conservatives lament his legacy - Calgary Herald - January 9th, 2025 [January 9th, 2025]
- Liberals Are Facing a Global Meltdown - AMAC Official Website - Join and Explore the Benefits - January 9th, 2025 [January 9th, 2025]
- Canada's Trudeau resigns after nine years in power as Liberals force him out - The Japan Times - January 9th, 2025 [January 9th, 2025]
- LGBTQ liberals start arming themselves over baseless fear of being placed in 'concentration camps:' report - New York Post - January 6th, 2025 [January 6th, 2025]
- Harvard: Liberals Struggle More with Mental Health - Patheos - January 6th, 2025 [January 6th, 2025]
- Liberals in a better place with Canadians on carbon tax, says Guilbeault - iPolitics.ca - January 6th, 2025 [January 6th, 2025]
- With Justin Trudeau's Resignation Coming, What's Next For Canada And The Liberals? - Times Now - January 6th, 2025 [January 6th, 2025]
- Why Liberals Struggle to Cope With Epochal Change - The Atlantic - January 3rd, 2025 [January 3rd, 2025]
- Austrian liberals quit coalition talks, throwing process into turmoil - Reuters - January 3rd, 2025 [January 3rd, 2025]
- The Federal Liberals New Years Eve Nightmare: Party vote intent sinks to 16%, Trudeau approval at all-time low - Angus Reid Institute - January 3rd, 2025 [January 3rd, 2025]
- Braid: Extinction in Parliament is now a real threat to Liberals under Justin Trudeau - Calgary Herald - January 3rd, 2025 [January 3rd, 2025]
- Joe Oliver: Where do Trudeau and the Liberals go from here? - Financial Post - January 3rd, 2025 [January 3rd, 2025]
- GUNTER: Liberals heading into election a desperate party - Toronto Sun - January 3rd, 2025 [January 3rd, 2025]
- Liberals amnesty for banned guns ends this year. Heres what gun owners need to know - True North - January 3rd, 2025 [January 3rd, 2025]
- A spirited debate: Liberals, conservatives and you - Spectrum News - December 25th, 2024 [December 25th, 2024]
- Report ties Romanian liberals to TikTok campaign that fueled pro-Russia candidate - POLITICO Europe - December 25th, 2024 [December 25th, 2024]
- Breakenridge: UCP at a loss when not battling Trudeau's Liberals - Calgary Herald - December 25th, 2024 [December 25th, 2024]
- Why Liberals Will Give Two Cheers for Trump - Foreign Policy In Focus - December 25th, 2024 [December 25th, 2024]
- Kelly McParland: The Liberals have only one choice an election - National Post - December 25th, 2024 [December 25th, 2024]
- Poilievre Opens 25-Point Lead over Trudeau on Being Best Equipped to Deal with Trump. Liberals (20%, -1) and NDP (20%, -1) Battle for Second while... - December 25th, 2024 [December 25th, 2024]
- Faizan Mustafa writes: Why liberals and minorities need to value Mohan Bhagwats words - The Indian Express - December 25th, 2024 [December 25th, 2024]
- From Public Defender To Public Servant If Liberals Were Honest, Theyd Love The Kash Patel Story - tippinsights - December 25th, 2024 [December 25th, 2024]
- LILLEY: Infighting shows Liberals can't run their party or country - Toronto Sun - December 25th, 2024 [December 25th, 2024]
- Whats next for Trudeau and the Liberals after a chaotic 2024 - The Globe and Mail - December 25th, 2024 [December 25th, 2024]
- Liberals founded the United States and will continue to make it a great nation | Letters - Tennessean - November 23rd, 2024 [November 23rd, 2024]
- Abortion is the last refuge of the Liberals - The Globe and Mail - November 23rd, 2024 [November 23rd, 2024]
- David Harsanyi: Don't trash the Constitution to dunk on the liberals - The Union Leader - November 23rd, 2024 [November 23rd, 2024]
- Democrats and College Liberals: Severely Out of Touch - The Colgate Maroon-News - November 23rd, 2024 [November 23rd, 2024]
- Liberals Are Already Fighting Each Other On Bluesky - Outkick - November 23rd, 2024 [November 23rd, 2024]
- An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court - Northeast Mississippi Daily Journal - November 23rd, 2024 [November 23rd, 2024]
- Dont Trash the Constitution To Dunk on the Liberals - The New York Sun - November 23rd, 2024 [November 23rd, 2024]
- Want To Exchange Ideas With Annoying Liberals Like Yourself? Here's How To Delete Your X Account and Join Bluesky. - Washington Free Beacon - November 23rd, 2024 [November 23rd, 2024]
- Unprincipled Liberals & the Principle of Cause and Effect - The European Conservative - November 23rd, 2024 [November 23rd, 2024]
- Piers Morgan Wants Liberals to 'Just Shut Up' About Trump Winning the Election: 'Enough of It' | Video - TheWrap - November 23rd, 2024 [November 23rd, 2024]
- Jewish liberals should follow Morning Joe and drop the resistance - JNS.org - November 23rd, 2024 [November 23rd, 2024]
- The Week in Polling: Liberals and NDP tied for first time since 2015, Canadians twice as likely to feel worse off financially than better, and most... - November 23rd, 2024 [November 23rd, 2024]
- Chris Selley: Hoping Trump will help them isn't looking good for the Liberals - National Post - November 23rd, 2024 [November 23rd, 2024]
- How Bluesky is coping with influx of liberals rushing to quit X - The Times - November 23rd, 2024 [November 23rd, 2024]
- The winners and losers of the Liberals holiday tax break and cash giveaway - Toronto Star - November 23rd, 2024 [November 23rd, 2024]
- The winners and losers of the Liberals' holiday tax break and cash giveaway - CTV News - November 23rd, 2024 [November 23rd, 2024]
- John Ivison: Trudeau Liberals finally recognize their dance partner and it's not Mexico - National Post - November 23rd, 2024 [November 23rd, 2024]
- Liberals to cut GST on beer, childrens toys and Christmas trees - National Post - November 23rd, 2024 [November 23rd, 2024]
- Behind Trumps victory lies a cold reality: liberals have no answers for a modern age in crisis - The Guardian - November 19th, 2024 [November 19th, 2024]
- Dont trash the Constitution to dunk on the liberals - Washington Examiner - November 19th, 2024 [November 19th, 2024]
- Opinion: Quebec Liberals are working on many fronts, not only on a constitution - Montreal Gazette - November 19th, 2024 [November 19th, 2024]
- MSNBCs Jason Johnson Blasts Liberals Alleging Voter Fraud: There Is No Evidence That Any of That Is True Whatsoever - Mediaite - November 19th, 2024 [November 19th, 2024]
- Bay Area Jewish liberals are feeling numb after Trumps win over local favorite Harris - The Jewish News of Northern California - November 19th, 2024 [November 19th, 2024]
- Liberals Cant Stop Gushing Over Trumps Foreign Policy Team - The Nation - November 17th, 2024 [November 17th, 2024]
- Liberals cant afford to cut Trump supporters out of their lives - Washington Examiner - November 17th, 2024 [November 17th, 2024]
- The New Election Conspiracy Theory Thats Coming From Liberals - Slate - November 17th, 2024 [November 17th, 2024]
- Liberals pressure Senate Democrats to confirm more Biden judges while they can - The Associated Press - November 17th, 2024 [November 17th, 2024]
- Crybaby liberals bawl over election results - Washington Times - November 17th, 2024 [November 17th, 2024]
- Bill Maher eviscerates 'privileged' and 'stupid' liberals who make voters 'want to punch them in the face' - Daily Mail - November 17th, 2024 [November 17th, 2024]
- Braid: Liberals brag about carbon tax as Trump takes the axe to U.S. climate action - Calgary Herald - November 17th, 2024 [November 17th, 2024]
- Ezra Klein to Liberals Blaming FOX News, Saying The Economy Is Actually Good: "Shut The F*ck Up With That" - RealClearPolitics - November 17th, 2024 [November 17th, 2024]
- To all Scotland's 'liberals', no-one gives a Friar Tuck if you flounce away from X - HeraldScotland - November 17th, 2024 [November 17th, 2024]
- Yale Psychiatrist Tells Liberals 'It's Fine' To Cut Ties With Trump-Voting Family Members | Watch - News18 - November 12th, 2024 [November 12th, 2024]
- MSNBC's Al Sharpton goes off on 'latte liberals' who 'speak for people they don't speak to' - Fox News - November 12th, 2024 [November 12th, 2024]
- Yale psychiatrist calls it essential for liberals to cut off Trump-voting loved ones during holidays - Yahoo! Voices - November 12th, 2024 [November 12th, 2024]
- 'BAD ADVICE': Yale psychiatrist grilled for telling liberals to cut ties with Trump-supporting loved ones - Fox News - November 12th, 2024 [November 12th, 2024]
- Opinion: Liberals only interested in a woman's right to an abortion not choice - National Post - November 12th, 2024 [November 12th, 2024]
- Bill Maher Unloads on Liberals: Youre Brats, and Youre Snobs, and People Dont Like That! - Mediaite - November 12th, 2024 [November 12th, 2024]
- Quebec Liberals take shots at Pablo Rodriguez and Justin Trudeau over economic record - National Post - November 12th, 2024 [November 12th, 2024]
- Supreme Court Justice Sonia Sotomayor Not Expected to Cave to Liberals' Retirement Hopes - The Daily Beast - November 12th, 2024 [November 12th, 2024]
- Face it, liberals, this is what millions wanted - The Times - November 8th, 2024 [November 8th, 2024]
- Now Democrats must face the future: What do liberals actually want? - Salon - November 8th, 2024 [November 8th, 2024]
- Investor offers his private jet to 'crying liberals' & celebs who promised to leave US if Donald Trump... - Moneycontrol - November 8th, 2024 [November 8th, 2024]
- The morning after: a kitchen table convo between two southern liberals - Daily Kos - November 8th, 2024 [November 8th, 2024]
- Scott Baugh pulls ahead of Dave Min, conservatives on track to unseat liberals in Huntington Beach - Los Angeles Times - November 8th, 2024 [November 8th, 2024]
- 'Canada will be absolutely fine': Liberals try to reassure Canadians they are ready for Trump 2.0 - National Post - November 8th, 2024 [November 8th, 2024]
- Liberals a third as likely to describe themselves as highly masculine than conservatives : study - New York Post - November 8th, 2024 [November 8th, 2024]
- Liberals stepped over the bodies of Palestinian women to vote for Kamala Harris - Prism - November 8th, 2024 [November 8th, 2024]
- Perspective: Liberals and conservatives dont have to be at war - Deseret News - November 8th, 2024 [November 8th, 2024]