However, I believe that with the political opportunities that can be gained by not stalling on "appeals level" nominees, we should consider all aspects before throwing up a fillibuster on them.
However, when it comes to the SCOTUS nominees, especially O'Connor we need to press this issue home and fight the Republican pundits on the "constitutionality" of the filibuster.
Dont let the Republicans fool the people. We need to get this in letters to the editor, radio shows, etc.
1) The constitution does not require an "up or down vote" on anything. The only time the constitution requires a simple majority is to reach a quorum.
2) The constitution allows the Senate to make its own rules.
3) The places where the Senate is required by the Constitution to pass something with 2/3 does not imply that those are the only times the senate can pass something with a supermajority... those are just exceptions to the rule that allows the senate to make its own rules.
4) "Advice and Consent" does not mean simple majority. Why? Because advising and consenting on a treaty requires 2/3. If advice and consent implied a simple majority you could not require 2/3 for it.
5) If Republicans want to follow the rules they are welcome to open discussion to change the rules to stop fillibusters on judicial nominations. Of course, such a vote would require 2/3 to break a filibuster on that discussion.
"Cloture requires the support of three-fifths of Senators (normally 60), except on proposals to change the rules, when cloture requires two-thirds of Senators voting"
http://www.senate.gov/legislative/common/briefing/Senate_legislative_process.htmSo why not demand that Republicans follow the rule of law and if they want to change the rules to have them do it under the current senate rules.
The "nuclear option" is not valid because the filibuster IS constitutional.