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The Senate deploys the nuclear option. In tomorrow’s Wall Street Journal (online now), my old friend Sai Prakash and I defend the constitutionality of the Senate’s decision to end the filibuster for Supreme Court nominees. We conclude: “Senators should stop worrying and learn to love the nuclear option.”
Democrats are crying foul, and Republican “institutionalists” have been expressing their regrets. The Democrats had every right to try a filibuster, a political tool with deep Senate roots. But the Republicans also had every right to abolish the filibuster for Supreme Court nominations. In 2013, Democrats under the leadership of Harry Reid made the same change with respect to all other appointments.