Filibusters, like judicial activism, make a mockery of the voter's right to self-governance. Both are ways for a willful minority to block the majority.
As for slippery slopes, we are already on a very slippery slope toward irreversible laws created by judicial activists. Even judges who respect the Constitution as it was written and legislation as it was passed also respect judicial precedents.
Conservative judges are not inclined to reverse long-standing precedents on which millions of people have relied, even if these judges think the original decision should not have been made the way it was. With activist judges guided only by their own ideology and conservative judges reluctant to overturn precedents, the agenda of the left is easy to enact from the bench and hard to dislodge afterward.
If both the liberal agenda and the whole process of judicial lawlessness that serves it are ever to be stopped, Senate Republicans will have to face the question that Ronald Reagan used to ask: "If not us, who -- and if not now, when?"
George Will warns that someday the Republicans will be in the minority and Democrats can then use the proposed rule change to keep them from blocking legislation they don't like. But judicial nominations are too fundamental an issue, at a time when we stand at a legal crossroads, to worry that a rule change will, in effect, escalate the political arms race.
The alternative to this political arms race is to stay disarmed in the face of a ruthless adversary who recognizes no limits of propriety or even decency, as their treatment of Judge Robert Bork and Judge Clarence Thomas amply demonstrated long ago.
George W. Law Professor: Obama's "Becoming The Very Danger The Constitution Was Designed To Avoid" | Greg Hengler