Wobbly on the Filibuster?

I don't like to use the term "Moderate", as I don't think want to connect centrism with a kind of muddled moderation. Unfortunately, sometimes even radical centrists can be sorta uncertain on an issue. This issue over the filibuster of judicial nominees has had me flip-flopping.

Fundamentally, I don't much like filibusters. Sooner or later I want to see all issues brought to a fair vote. I certainly agree that judicial nominees especially deserve a vote. I can see a difference between consent to a nomination and the making of laws. The right to nominate judges belongs to the Executive branch, and, for better of for worse, the Congress needs to give the nomination either a thumbs up or thumbs down so the process can move forward. Refusing to take action is refusing to do a constitutional duty. It's also terribly unfair to the nominees and the judicial system. So on the fundamentals, I favor the move to change the rules.

On the other hand, I like the fact that the Republican majority is incented to hold onto the middle and try to grow. An attempt to get to 60 votes in the Senate would force the Right to come to terms somewhat with the Center. Of course, if they have to compromise with the moderates in order to get the 60 votes, many on the right would lose interest. Handled carefully, the threat of a filibuster has been a good way to prevent arrogance and excesses from the majority. Unfortunately, the filibuster has been misused and cheapened recently.

Of course, all of this trouble comes from the fear of judges who legislate. Whether on the right or on the left, folks are worried about what new law these judges will create and what new judges will do to the laws that earlier judges created. I don't have any doubt that the authors of the constitution expected that the Senate would confirm judges on the basis of their competence in the law. Things have changed now, it seems.

If I were voting I guess I would go ahead and change the rules. For the moderate senators to bail on this one will not help relations with the rightists, and at the heart of the matter, its the right thing to do. In general I like any change in the rules that promotes action over delay and obstruction, so let's screw our courage to the sticking place and dump the judicial filibuster.