Nor, finally, does the history of actual institutional practice provide solid support for an entrenched
filibuster rule.
While the vote to change the
filibuster rule was controversial, one thing is certain: Nothing will improve in the industry if nothing is done to move critical appointments ahead.
The
filibuster is not the only source of that institutional status quo bias, but the other obstacles lie in constitutional arrangements and are nearly impossible to alter.
The traditions of the Senate are simply too powerful, and the value of the
filibuster as a device to ensure consensus and protect intensely-held minority views is clear to both parties.
"What has their
filibuster gained my Republican colleagues?
Constitution more than two centuries ago introduced a (60-vote)
filibuster to have greater and broader consensus on issues rather than the majority party having a steam-roller clout.
filibuster poses the "most troubling countermajoritarian difficulty
Nature abhors a vacuum, and the modem Senate
filibuster has created one at the heart of our Constitution.
Not only would invoking the "Nuclear Option" set a precedent that would surely come back to haunt them in the future, but it would also jeopardize the
filibuster in general, removing one of the few tools the minority has for forcing compromise.
"This will be the first and last partisan
filibuster of the supreme court," Republican Senate Majority Leader Mitch McConnell said on the Senate floor, accusing Democrats of trying to inflict political damage on Trump and to keep more conservatives from joining the high court.
The
filibuster began on Tuesday and had continued around the clock for more than 115 hours by Sunday afternoon, making it the world's longest, according to the Kyunghyang Shinmun newspaper.
The draft needed the vote of 60 to overcome the
filibuster.
