More Scalias and Thomases Please

Democrats have nothing to fear from filibuster reform.

As Harry Reid pushes to end the ability of the minority party to filibuster judges and executive appointees, I think it's worth reconsidering this quote from Iowa Senator Chuck Grassley:

"Many of those on the other side who are clamoring for rules change and almost falling over themselves to do it have never served a single day in the minority," Sen. Chuck Grassley (R-IA) said Tuesday in a floor speech. "All I can say is this—be careful what you wish for."

"So if the Democrats are bent on changing the rules, then I say go ahead," he said. "There are a lot more Scalias and [Clarence] Thomases that we'd love to put on the bench. The nominees we'd nominate and put on the bench with 51 votes would interpret the constitution as it was written."

I don't know. I think understanding the electoral stakes of an election in stark and clear terms is really healthy. Threatening to appoint "more Scalias and Thomases" is basically threatening to appoint more judges who would unwaveringly hew to their vision of the country. That any political party would like to do this strikes me as unsurprising. The place to decide whether we're going to have "more Scalias and Thomases" is the ballot box. That's why during debates candidates are usually asked about the kind of judges they'd appoint. The place to decide whether having "more Scalias and Thomases" actually worked out is the election following. 

Elections don't always have consequences, but they should. You can't judge a party's agenda if they don't get a chance to actually implement. Judicial and executive appointments are indispensable to that endeavor. If you don't want to even have the experiment, if you don't like being in the minority, win the damn election—which is another way of saying, make the case to the American people. 

There's a separate issue here about the wisdom of lifetime judicial appointments. But the filibuster needs, at the very least, reform.

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Ta-Nehisi Coates is a national correspondent at The Atlantic, where he writes about culture, politics, and social issues. He is the author of the memoir The Beautiful Struggle.

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