Quote (IceMage @ Sep 19 2020 07:19pm)
So I was unaware of this:
The question was would Mitch have gone nuclear. Apparently he did. Lol.
so I'm trying to understand your hypothetical
Are you asking, would McConnell have gone nuclear if Harry Reid
hadn't gone nuclear?
are you asking whether McConnell would go nuclear after Harry Reid did, which of course he would- and did?
In past decades, Democrats and Republicans had a growing strife over judicial nominees being blocked by both parties, and it really hit a boiling point under Bush in 2005 when Bill Frist was preparing to be the first senate majority to go nuclear after Democrats blocked all of Bush's nominees in the 55R - 45D senate. But that crisis was averted because a bipartisan group of senators, the Gang of 14, settled on a compromise where Democrats would allow some judges through and Republicans wouldn't go nuclear. And in the following year, the Gang of 14 averted it again, including allowing Brett Kavanaugh to be become a judge.
Then in 2006 the democrats took the senate and no longer seated any conservative Bush judges for the rest of his term
Then it came up again in 2012 when Democrats held the senate and presidency but not a supermajority, and Republicans were blocking Obama nominees. The two sides of senators and the same bipartisan group as before tried to negotiate a compromise, and initially they had some success in passing compromise bills that avoided the nuclear option and did some horse trading, like Obama withdrawing 2 of 7 nominees in exchange for the Republicans agreeing to approve the other 5, which they did. In the end approving 143 out of 173 nominees, and only filibustering 20 nominees of which 19 were allowed and confirmed before any rules changes
But in 2013 those talks broke down and compromises failed and Harry Reid decided to invoke the nuclear option and finally changed the filibuster rules in order to ram through Obama's remaining judicial nominees
Harry Reid then started pushing through judges without any Republican input beyond blue slips, but he didn't have any supreme court justices to seat so he left that rule ostensibly intact, although obviously a bit farcical since he would have gone nuclear for SCOTUS seats if he had one- but Democrats lost the senate before they got the opportunity, then lost the presidency with a vacancy pending.
When we headed into the Gorsuch nomination, it was obvious that McConnell would go nuclear to confirm him because Harry Reid already had set that precedent and there was no political opposition to it beyond a few stickler senators like McCain who would waffle on it anyway if it was popular enough. So Democrats vowed to filibuster Gorsuch in an anti-Trump fervor with big mobs of protesters turning out (albeit quaint and peaceful ones compared to the current fare). And that was a very foolish move, because with the election mandate and surge of support behind Trump, Gorsuch easily got approved and the nuclear impact was little more than a fart. What had been a contentious issue at the center of political maneuvering for both parties was thrown out the window so Democrats could claim they were opposing Trump, while accomplishing absolutely nothing. And as I repeatedly pointed out then and now, that fight could have been incredibly impactful if they saved it
until the next nomination, which surely would be coming. I even pointed to the actuarial tables for mortality rates in those threads on PARD to note the almost certainty of another death or retirement- or two. And when the Kavanaugh hearings turned into a meteoric shitshow and he passed by the skin of his teeth, I think its fair to say that he would have failed had democrats not botched the previous showdown.
and of course all the meanwhile over the past 4 years, McConnell used those nuclear option amended senate rules and plowed over remaining fig leafs of obstruction like blue slips (eat shit franken) in order to set up a production like for lower court judges so prolific it basically resembles the B-roll from one of those TV shows about 'how they make it'
hope yall enjoy civics 101