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
- Globe editorial: The Liberals need to show their cost-cutting ambition - The Globe and Mail - July 16th, 2025 [July 16th, 2025]
- Superman Shows How Far Liberals in Hollywood and Politics Have Veered From Ideal of the American Way - The New York Sun - July 16th, 2025 [July 16th, 2025]
- Canada's minister of health is an unknown to most, but Liberals call her the 'godmother' - Yahoo - July 16th, 2025 [July 16th, 2025]
- VIDEO: Will party infighting harm the Victorian Liberals chance to govern? - Australian Broadcasting Corporation - July 16th, 2025 [July 16th, 2025]
- LIBERALS FAIL ON BAIL: Canadians need to be safe from violent offenders - Toronto Sun - July 16th, 2025 [July 16th, 2025]
- In Trump Era, Gender Gap Widens in Tandem With Apparent Mental Health Divide Between Liberals and Conservatives - The New York Sun - July 16th, 2025 [July 16th, 2025]
- Bluesky liberals celebrate JD Vance being booed with his kids at Disneyland - FOX 8 TV - July 16th, 2025 [July 16th, 2025]
- On NPR and at elite universities, liberals should openly admit their biases - The Hill - July 14th, 2025 [July 14th, 2025]
- Liberals fawn as emotional Tucker Carlson rips Trump for 'ignoring America's biggest problem' - Daily Mail - July 14th, 2025 [July 14th, 2025]
- Neon Liberalism #34: Are Liberals Losing the Culture War? - Liberal Currents - July 14th, 2025 [July 14th, 2025]
- Liberals need to test US-style primaries to engage with voters - The Australian - July 14th, 2025 [July 14th, 2025]
- Conrad Black: Liberals must retreat from their climate obsessions - National Post - July 12th, 2025 [July 12th, 2025]
- Larry David/Obamas Pairing Shows Why Liberals Win - Hollywood in Toto - July 12th, 2025 [July 12th, 2025]
- Liberals and conservatives live differently but people think the divide is even bigger than it is - PsyPost - July 12th, 2025 [July 12th, 2025]
- Liberals Laud Fake Story that ICE Agents Are Resigning In Droves - newsguardrealitycheck.com - July 12th, 2025 [July 12th, 2025]
- Letters: Campus life harmed by liberals who believe they're always right - NOLA.com - July 12th, 2025 [July 12th, 2025]
- Jesse Kline: Liberals get a crash course in the importance of natural resources - Yahoo - July 12th, 2025 [July 12th, 2025]
- Liberals pick Chantale Marchand to run in Arthabaska byelection - Montreal Gazette - July 12th, 2025 [July 12th, 2025]
- Justin Ling: Mark Carney is the reincarnation of the Chrtien Liberals. Thats not a bad thing - Toronto Star - July 12th, 2025 [July 12th, 2025]
- Jesse Kline: Liberals get a crash course in the importance of natural resources - MSN - July 12th, 2025 [July 12th, 2025]
- Where are the Liberals When Iran Mass-Deports Millions of Afghans? - The European Conservative - July 10th, 2025 [July 10th, 2025]
- The Supreme Courts Liberals Have an Impossible Task. One of Them Is Charting the Way. - Slate Magazine - July 10th, 2025 [July 10th, 2025]
- Opinion: The Liberals launch another expenditure review: This time, we mean it - The Globe and Mail - July 10th, 2025 [July 10th, 2025]
- Liberals could find out soon whether their rushed projects bill will spark another Idle No More - National Post - July 10th, 2025 [July 10th, 2025]
- Wealthy White Liberals Reportedly Urge Democrats To Be Willing To Get Shot Opposing Trump - dailycaller.com - July 8th, 2025 [July 8th, 2025]
- Albertas PCs Might Rise from the Dead. Not the BC Liberals - The Tyee - July 8th, 2025 [July 8th, 2025]
- Cryo-liberals are still dishing up deranged delusions - The Times - July 8th, 2025 [July 8th, 2025]
- Wealthy White Liberals Reportedly Urge Democrats To Be Willing To Get Shot Opposing Trump - AOL.com - July 8th, 2025 [July 8th, 2025]
- Liberals, Conservatives, And Independents Form Initiative To Fight For Democracy And Freedom - thedailypoliticususa.com - July 8th, 2025 [July 8th, 2025]
- How the Liberals are eroding workers Charter-protected rights - Canadian Dimension - July 8th, 2025 [July 8th, 2025]
- Liberals dont want Muslim women to demand rights in the Hindutva era. Theres no right time - ThePrint - July 8th, 2025 [July 8th, 2025]
- New polls show the Liberals opening large lead over the Conservatives - iPolitics - July 6th, 2025 [July 6th, 2025]
- Another Saturday Night - Liberals Are Patriotic! updated with how to help the central Texas flooding - Daily Kos - July 6th, 2025 [July 6th, 2025]
- Vancouver has a new civic party the Vancouver Liberals - Business in Vancouver - July 6th, 2025 [July 6th, 2025]
- Liberals Lose Trust on Health After 11 Years - Mirage News - July 6th, 2025 [July 6th, 2025]
- Newsom warms to building, but will California liberals allow it? - Washington Examiner - July 4th, 2025 [July 4th, 2025]
- Liberals Are Declaring That The Fourth Of July Is Canceled This Year And Even Threatening To Sue People Who Celebrate For Emotional Damage - Whiskey... - July 4th, 2025 [July 4th, 2025]
- Peter Menzies: Justin Trudeaus legislative legacy is still haunting the Liberals - The Hub | More Signal. Less Noise. - July 4th, 2025 [July 4th, 2025]
- Opinion | Memo to liberals: Diversity can be conservative - The Washington Post - July 2nd, 2025 [July 2nd, 2025]
- Liberals Are Going to Keep Losing at the Supreme Court - The Atlantic - July 2nd, 2025 [July 2nd, 2025]
- Hollywood Liberals Slammed as 'Disgusting' for Bleating They Weren't Invited to Jeff Bezos 'Vulgar' Wedding - RadarOnline - July 2nd, 2025 [July 2nd, 2025]
- Forget female quotas, its mediocrity thats killing the Liberals - The Australian - July 2nd, 2025 [July 2nd, 2025]
- Fatal flaw of liberals is belief that being right is enough | Opinion - The News-Press - June 29th, 2025 [June 29th, 2025]
- Liberals want Americans to depend on government - Washington Times - June 28th, 2025 [June 28th, 2025]
- If old school white-anting Sussan Ley on gender quotas works, the Liberals may pay a heavy political price - The Guardian - June 28th, 2025 [June 28th, 2025]
- HUNTER: Have Liberals had their come-to-Jesus moment on crime? - Toronto Sun - June 28th, 2025 [June 28th, 2025]
- Random Musing: Why some Indian liberals are celebrating Zohran Mamdani and think he is the new Obama - Times of India - June 28th, 2025 [June 28th, 2025]
- Liberals In California Are Banning Books Again - The Daily Wire - June 28th, 2025 [June 28th, 2025]
- 'Liberals need to reconnect with people's deep feelings of being disrespected,' sociologist says - Perspective - France 24 - June 28th, 2025 [June 28th, 2025]
- Threat of Trump should drive liberals from the middle ground | Opinion - The Portland Press Herald - June 28th, 2025 [June 28th, 2025]
- If the Liberals want to appeal again to aspirational Australians, they could start by taxing wealth | Judith Brett - The Guardian - June 28th, 2025 [June 28th, 2025]
- The Weekly Wrap: The Liberals must abandon their internet regulation agenda - The Hub | More Signal. Less Noise. - June 28th, 2025 [June 28th, 2025]
- Data breach may have exposed 200,000 home-care patients' information, say Ontario Liberals - Yahoo - June 28th, 2025 [June 28th, 2025]
- M. imeka criticized the Slovak government after the summit of liberals in Brussels for not diversifying gas supplies - European Newsroom - June 28th, 2025 [June 28th, 2025]
- ANALYSIS: David Petersons Liberals are remembering the good times. Ontarians should, too - TVO Today - June 28th, 2025 [June 28th, 2025]
- Carney Liberals urged to ditch DST as Trump terminates trade talks with Canada - Toronto Sun - June 28th, 2025 [June 28th, 2025]
- Martin Regg Cohn: History reminds Ontarios languishing Liberals that they need to make their own luck - Toronto Star - June 28th, 2025 [June 28th, 2025]
- Arab Journalists and Liberals Praise U.S. Strike On Iran: The Iranian Threat Is Over; Trump Saved Humanity; God Bless America - MEMRI | Middle East... - June 24th, 2025 [June 24th, 2025]
- Conservatives report better mental health than liberals. I think I know why. | Opinion - USA Today - June 24th, 2025 [June 24th, 2025]
- Federal Liberals reintroduce cybersecurity bill meant to protect critical infrastructure - The Globe and Mail - June 24th, 2025 [June 24th, 2025]
- Threat of Trump should drive liberals from the middle ground | Opinion - Lewiston Sun Journal - June 24th, 2025 [June 24th, 2025]
- Opinion: The Tory future may lie with the Liberals - Winnipeg Free Press - June 24th, 2025 [June 24th, 2025]
- FIRST READING: All the hidden extras buried in the Liberals fast-tracked omnibus bills - National Post - June 24th, 2025 [June 24th, 2025]
- Battin wants to reset and to rally Liberals behind taxes, housing and crime - Neos Kosmos - June 24th, 2025 [June 24th, 2025]
- Chaos over withdrawal of EU law against greenwashing. Last trialogue skips, anger of socialists and liberals - Eunews - June 24th, 2025 [June 24th, 2025]
- Libman: Quebec Liberals gamble on Rodriguez. Will voters? - Montreal Gazette - June 22nd, 2025 [June 22nd, 2025]
- Hunger strikes! Tears! Arrest! Its been a week of ridiculous performances as NYC liberals chase folk-hero status - New York Post - June 22nd, 2025 [June 22nd, 2025]
- The Trump Peace Prize? Matt Gaetz suggests renaming honor they only give to liberals - AL.com - June 22nd, 2025 [June 22nd, 2025]
- Victorias Liberals saved John Pesutto from bankruptcy. But can they save themselves from all-out war? - The Guardian - June 22nd, 2025 [June 22nd, 2025]
- Q+A | Outgoing Yukon premier highlights renewed energy in Yukon Liberals with new leader - Yahoo - June 22nd, 2025 [June 22nd, 2025]
- Trump Complains He Should Have Won FIVE Nobel Prizes By Now But They Only Give Them To Liberals - Mediaite - June 22nd, 2025 [June 22nd, 2025]
- Putins biggest threat is not from liberals but the nationalist Right - The Telegraph - June 20th, 2025 [June 20th, 2025]
- Obama swipes at affluent liberals during rare public remarks, says 'all of us are going to be tested' - Fox News - June 20th, 2025 [June 20th, 2025]
- Swedens Liberals bet to revive a sinking party - Euractiv - June 20th, 2025 [June 20th, 2025]
- They Hate Our Country The Right-Wings Accusation Towards Liberals - Daily Kos - June 20th, 2025 [June 20th, 2025]
- BREAKING: Yukon Liberals select Mike Pemberton as their new leader and the territory's next premier - Yukon News - June 20th, 2025 [June 20th, 2025]
- Andr Pratte: Pablo Rodriguez has won over the Quebec Liberals. That was the easy part - National Post - June 20th, 2025 [June 20th, 2025]
- Why liberals ignored the grooming gang scandal - The Spectator - June 20th, 2025 [June 20th, 2025]
- Liberals to pass major projects bill this week with Conservative support - National Post - June 20th, 2025 [June 20th, 2025]
- Liberals Pushing Through Law That Expands Governments Power - The Tyee - June 20th, 2025 [June 20th, 2025]