The Senate Nears the Point of No Return

By JEFFREY ROSEN
The New York Times

WASHINGTON — There was the sense in the capital last week, as the Senate began debate over the future of the filibuster in judicial nominations, that the country was on the brink of a revolutionary break with its traditions, barring a last-minute compromise. ...

Both Republicans and Democrats claimed that the other side had embraced intransigent radicalism. But historians and political scientists seem to agree that if the Senate does indeed eliminate the judicial filibuster, that body and ultimately the courts could change in fundamental ways.

By mandating an up-or-down vote on judicial nominees, and taking away the power of individual senators to derail judicial appointments, the Senate could become more like the House, where the majority always rules. As Democrats in the minority see it, this would reduce the pressure on the president, regardless of his party, to seek compromise candidates acceptable to both sides, which could lead to a more partisan judiciary blah blah blah.