“Op-Ed: Harry Reid’s filibuster plan and the Supreme Court”

 

Steven Duffield:

The most dramatic impact of the Reid Plan will be with regard to the Supreme Court, where the House of Representatives plays no constitutional role. President Obama will likely fill between one and three Supreme Court vacancies in the next four years, and he will be under enormous pressure from his base to nominate doctrinaire liberals who will reverse the decision upholding the partial-birth abortion ban, weaken personal liberties protected in the Bill of Rights, and eliminate the modest limitations on congressional power that the Rehnquist and Roberts courts have restored.

Senate conservatives will strongly oppose such a nominee. Conservatives already used their rights to extend debate to effectively block lower-court nominees such as “living Constitution” advocate Goodwin Liu and the highly controversial Caitlin Halligan. Each will be on the president’s shortlist for the Supreme Court. Yet if the Reid Plan is in effect, senators will be powerless to prevent the appointment of Liu, Halligan or similar judicial activists, because the 60-vote threshold will be gone and Obama’s party will just fall in line behind his choice.

 

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