It appears that Harry Reid may have enough support in his own caucus to exercise the nuclear option if the Republicans filibuster the president’s nominations to head the Department of Labor, the Environmental Protection Agency, or the Consumer Financial Protection Bureau. He is only considering eliminating the filibuster for nominations, not for legislation, but he has clearly put the Republicans on notice that they cannot continue to obstruct everything. I think there is a constitutional argument that the Senate’s role is to advise and consent on presidential nominations and it is illegitimate to prevent a vote on them.
Obviously, we would like the power to block presidential nominees when we are in the minority, particularly judicial nominees. But, ultimately, the majority is supposed to be able to govern.
Will the GOP sense the danger and relent on their obstruction of the president’s nominations? Or will they waddle into the threshing blades?