Senate Democrats lost their fight to weaken the filibuster, but they're capitalizing big on another rules change — that the GOP pushed
That 2017 change will theoretically make it easier for Democrats to fill a vacancy on the Supreme Court, should one arise this year. Minority Leader Mitch McConnell has adamantly defended the legislative filibuster, and Republicans argue confirmation rules changes are a separate category from legislative rules changes. But some in the GOP acknowledged that the latest Democratic fight to change the filibuster could set a precedent if they take back the majority.
“The Democrats have had the benefit of no 30-hour rule for post-cloture debate for district court nominations, unlike the first half of the Trump administration, so the Biden confirmation pace is not an apples-to-apples comparison,” said Carrie Severino, president of the conservative Judicial Crisis Network.
For Republicans, consultation is “the name of the game” on blue slips, as one GOP judiciary panel aide put it, speaking on condition of anonymity. During the Trump administration, Republicans said that home-state senators would be consulted about circuit court judge nominees but wouldn't be given a veto. They argue Democrats need to reciprocate.
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