Eliminating the filibuster by the nuclear option would violate and destroy the Constitution's design of the Senate as an effective check on the executive. The elimination of the filibuster would reduce any incentive for a President to consult with home-State Senators or seek the advice of the Senate on lifetime appointments to the Federal judiciary. It is a leap not only toward one-party rule and absolute majoritarianism in the Senate but to an unchecked executive. Recently Republican partisans have ratcheted up the vitriol even further with their direct threats upon the judiciary. They spare no one, neither State court judges, nor Federal judges, nor Federal judges appointed by Republican Presidents, nor the Supreme Court Justices themselves. Their goal is intimidation and subservience to an ideological agenda, rather than adherence to the rule of law. Worst of all, some Republican leaders have taken their rhetoric to a level that should concern all Americans, at a time when violence against judges, their families and courtroom personnel has shocked the nation. The Republican leader of the House has recently spoken of seeking vengeance against judges involved in the Terri Schiavo matter. I recall a similar call by that House leader in 1997 in which he called for the intimidation of judges. I spoke against it then and do so again today. It is essential that we preserve the independence of our judiciary and protect it from intimidation.…
Patrick Leahy: “Eliminating the filibuster by the nuclear option would violate and destroy the Constitution's design of the Senate as an…”
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