“The future will bring Democratic presidents and Senate majorities. How would you react were such a majority about to change Senate rules to prevent you from filibustering to block a nominee likely to construe the equal protection clause as creating a constitutional right to same-sex marriage?
And pruning the filibuster in the name of majority rule would sharpen the shears that one day will be used to prune it further. If filibusters of judicial nominations are impermissible, why not those of all nominations -- and of treaties, too?”
As it turned out, the Republicans lost control of both Houses within17 months, and by 2009, the Democrats had the presidency and 59 seats in the Senate. Had Republicans opened the door for filibuster reform, the Democrats might have taken the initiative to completely extirpate it. One could only imagine how destructive the 111th congress would have been with unbridled power.
Luckily, the Democrats lacked the political support and audacity to implement filibuster reform when it would have counted. Now that they are irrelevant, they are calling for changes in the filibuster. The reality is that such radical changes in Senate rules can only undermine the Democrats and benefit Republicans.
Although the Democrats will still control the Senate for the next two years, the Republican-controlled House would block any measure that passes the Senate. Therefore, even if they were to abolish the filibuster altogether, they would never benefit from it.
