God Bless Harry Reid! (The Hammer and Joe Manchin)

The HAMMER notes well in this WASHINGTON POST opinion piece that we should be thanking God for Reid’s power grabs.

…God bless Harry Reid. It’s because of him that Gorsuch is guaranteed elevation to the court. In 2013, as Senate majority leader, Reid blew up the joint. He abolished the filibuster for federal appointments both executive (such as Cabinet) and judicial, for all district and circuit court judgeships (excluding only the Supreme Court). Thus unencumbered, the Democratic-controlled Senate packed the lower courts with Obama nominees.

Reid was warned that the day would come when Republicans would be in the majority and would exploit the new rules to equal and opposite effect. That day is here.

The result is striking. Trump’s Cabinet appointments are essentially unstoppable because Republicans need only 51 votes and they have 52. They have no need to reach 60, the number required to overcome a filibuster. Democrats are powerless to stop anyone on their own.

And equally powerless to stop Gorsuch. But isn’t the filibuster for Supreme Court nominees still standing? Yes, but if the Democrats dare try it, everyone knows that Majority Leader McConnell will do exactly what Reid did and invoke the nuclear option — filibuster abolition — for the Supreme Court, too.

Reid never fully appreciated the magnitude of his crime against the Senate. As I wrote at the time, the offense was not abolishing the filibuster — you can argue that issue either way — but that he did it by simple majority. In a serious body, a serious rule change requires a serious supermajority. (Amending the U.S. Constitution, for example, requires two-thirds of both houses plus three-quarters of all the states.) Otherwise you have rendered the place lawless. If in any given session you can summon up the day’s majority to change the institution’s fundamental rules, there are no rules.

McConnell can at any moment finish Reid’s work by extending filibuster abolition to the Supreme Court. But he hasn’t. He has neither invoked the nuclear option nor even threatened to. And he’s been asked often enough. His simple and unwavering response is that Gorsuch will be confirmed. Translation: If necessary, he will drop the big one.

It’s obvious that he prefers not to. No one wants to again devalue and destabilize the Senate by changing a major norm by simple majority vote. But Reid set the precedent….

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