The Senate Filibuster is one of the most important checks and balances in the American Democracy.
Because The Senate Democrats "nuked" it for Cabinet Appointments in 2013 when they were in power, Betsy DeVos is now the incoming Secretary of Education.
If The Senate Democrats had not "nuked" the filibuster for these appointments, Democrats could have stopped Betsy DeVos and Rex Tillerson and could easily stop Jeff Sessions, Tom Price, Steve Mnuchin, Rick Perry and any and every nominee they wanted.
A big price to pay for a short term goal under President Obama.
But, even while intoxicated with "Majority Fever", The Senate Democrats were unwilling to blow up a minority's rights to demand 60 votes to confirm a Supreme Court nominee and 60 votes to pass legislation in The Senate. The consequences to Democracy in America were far too severe.
Here's how severe the consequences could be:
If Republicans accede to Donald Trump's wishes and "nuke" the filibuster for The Supreme Court and legislation . . .
1. "Roe v. Wade" could be almost immediately overturned making abortion once again illegal in many states across the country.2. Gay Marriage could be almost immediately overturned making gay marriage once again illegal in many states across the country.3. "Citizens United" could be strengthened and expanded and even more money could flood into the political system4. Environmental regulations, once upheld by The Court, could all be overturned5. Any and all gun registration or ownership regulations, once ruled Constitutional, could be almost immediately overturned and severe 2nd Amendment pieces of legislation allowing unlimited gun registration and ownership and carry could be immediately validated and mandated in all 50 states, regardless of states' wishes otherwise.
And anything else that a super solid 6- 5 hard core Conservative Supreme Court would want. Really. Anything. It's The SUPREME Court and there is no appeal.
How is this possible?
It's shocking, but completely legal - Donald Trump could propose, and a Republican Congress could pass a bill to add 2 more seats on The Supreme Court Without The Senate Filibuster, the 48 Senate Democrats could do absolutely nothing to stop this.
And then, of course, in addition to confirming Conservative Judge Neil Gorsuch, Donald Trump could nominate two more Conservative Justices and the Senate could immediately confirm them. Without The Senate Filibuster, the 48 Senate Democrats could do absolutely nothing to stop this.
Shocking to many, the number of Supreme Court Justices is not in The US Constitution. Quite the contrary. The US Constitution, in Article III gives complete control of the operation of The Supreme Court to Congress and Congress has actually put the number of Justices over the years at 6 in 1789, 7 in 1807, 9 in 1837, 10 in 1863, 7 in 1866 and then back to 9 in 1869.
And, as many studied in school, in 1937 President Franklin D. Roosevelt, frustrated by The Court's rejection of two of his "New Deal" pieces of legislation, threatened to "pack the Court" by adding 6 more Justices for a total of 15.
Nothing can stop a Republican President, 218 Republicans in The House of Representatives and 50 Senate Republicans (plus The Vice-President) from doing this. Nothing.
Except "We The People" . . . in the 2018 Midterm Election. . . could throw out a power-grabbing Republican majority in The Senate and stop any further "one-party rule".
And then, in 2020, "We The People" could replace Republican Donald Trump and the Republican House of Representatives and reduce the number of Supreme Court seats back to 9 . . . or increase it by 2 more to 13 and reverse the reversals.
Bottom line, "nuking" the Senate Filibuster invites one-party rule in America and even the possibility of "authoritarianism" and "tyranny" - a potential "Pendulum of Consecutive Dictatorship" - exactly what our Founding Fathers did not want.
Best to stop talk of "nuking the filibuster" and, instead, find mainstream Supreme Court Justices like Ronald Reagan's pick in 1987, Anthony Kennedy, and legislation that can, indeed, find support from 60 United States Senators, and bring the country together.
America's Democracy is in the balance.