The weakling spineless imps that inhabit the Senate once again failed to kill the filibuster. They just pissed away a chance to significantly remake the judiciary (a point completely lost on the “but the House will block everything anyway” crowd). And it was done on the theory that this would protect their own right to block stuff in the future.
So, this post is here to say and to create a record saying: you were wrong, it was foreseeable that you were wrong, it will hurt people because you were wrong, and when you are proved wrong it won’t be bad luck. We can show our work.
First, the filibuster is wrong no matter who has the majority. Here’s a post from this site in 2005 condemning it when the Republicans controlled everything. There are numerous reasons that it is unconstitutional including one I was the first to come up with on the Internets.
Second, the Democrats blocked essentially nothing when Bush was President. Samuel Alito is on the Supreme Court, someone who is far less intellectual are far more hackish than Bork was. They never did anything to curb the Iraq war. So, on that level, who cares?
Third, the Republicans will kill the filibuster when it suits them. They threatened to in 2005—probably one of the only good ideas they had in the entire age of Bush. There is a very strong chance that they will do so in exactly 2 years, because the 2014 senate map doesn’t look so hot for Dems and just got worse with Harkin announcing his retirement.
The filibuster and activist courts give legislators the excuse to pass or propose hideous legislation and lets the electorate vote for personality, knowing (wrongly) that nothing too crazy will occur. It’s time for politicians to own their agendas and the consequences of that agenda. The Rs get this. They made the Dems own healthcare reform.