Everyone seems to be saying that we have run out of options and that Kavanaugh is now pretty much a done deal. But I come from the school of thinking that says it ain’t over ‘til it’s over and there’s always something left to try. In that spirit I want to suggest a last ditch effort that might have a better chance of success than the current plan which is to try to find enough votes in the Senate to defeat confirmation straight up. As it stands now that doesn’t seem likely to work. Even if we can get the needed Republicans to change their votes it is likely that enough red state Democrats will defect to nullify the effort. So what’s left to do?
How about this? Change the rules of the Senate.
Clearly if we were able to go back to the days when a super-majority was required to confirm a Supreme Court justice then Kavanaugh would go down. So why not give it a shot? See if we can get the votes needed to go back to the status quo as it stood prior to Trump’s inauguration. Of course the most glaring question that arises is “what makes you think that’s possible ? The same number of votes needed to block confirmation would be needed to change the rules.”
While that’s true, the political landscape for this less emotionally charged measure is somewhat different, especially with respect to the red state Democrats. Voting to change the rules of the Senate (to rules that are actually likely to be handy for conservatives in the future.) is not nearly the provocation a straight no vote on Kavanaugh would be. They might be able to weather the storm a lot better this way. The same would apply to the potential Republican defectors. It would be a lot easier for them to find cover for this less emotional proposal.
Of course one big drawback to the plan is the requirement a large measure of resolve and risk-taking on the part of our leadership which hasn’t been seen in abundant supply of late. A good deal of pressure would have to be exerted on the potential Republicans and the fight would likely have to be taken their there home states with rallies and political ads. If we could get Obama to come out of emeritus status and join the fight he could fill the largest stadium in Maine to overflowing with crowd whose enthusiasm would show just how vulnerable Collins is. A few such rallies might be enough to turn the trick.
It also occurred while composing this diary that the Republican leadership in the Senate may not be so adamantly opposed to the idea as might be expected. They changed the voting rules to a simple majority for Gorsuch knowing that, because of the legislative theft, efforts to the seat any nominee in Garland’s place would be blocked indefinitely. They may now be thinking about how to go back to the old rules when needed and this might present an opportunity for them to get there without a really heavy cost. If they only give token opposition to a rules change and it goes into effect, the loss for them would not be devastating because they know that they will not have majority status indefinitely. If they allow the change now, they will not have to wage an almost futile effort to change the rules later when the Democrats would certainly use it.
Of course there’s no guarantee this would work. But, for my part, this Supreme Court nomination will be an historical watershed for the country and I want to see my party’s leaders taking the fight to the people who want a society organized as it was in 1918 instead of moving ahead into 2018 and beyond. Even if we go down in defeat we should go down fighting. The rank and file of the party should not have to wonder if our leaders consider that these are times when business as usual is in order.