Randy Barnett posted, at Volokh:
Restoring the Lost Constitution just got much easier.
This is an historic moment on our constitutional history. With the change of Senate rules today by a simple majority to [allow a simple majority to] close debate on judicial nominations, a Rubicon has been crossed. Restoring the Lost Constitution has now been made far more feasible, and will make the 2014 & 2016 of enormous importance to our constitutional future.
Krauthammer gleefully observed:
I’m always amused by the nuclear option debate because it is without a doubt the most spectacular display of Congressional hypocrisy, which is saying a lot. Because whenever the minority party is arguing, it says that this is a very important, indeed a majestic part of our constitution. And as soon as the minority become the majority, like Harry Reid and the Democrats and Obama, all of a sudden it’s terrible instrument of obstruction.
Look, as a matter of the means in which this was done, it was a rather lowdown way. This is a fundamental change of the structure of the rules of the Senate and done on strict party lines, which it should not be. The same way, incidentally, Obamacare, a major reform, on party lines. That should not be. But on the substance of the change, I think the Democrats have stumbled upon the truth as they do every decade or so. If you are not to know who is in power, I think it’s a better idea for the president to have the ability to nominate his nominees, judicial and executive, without having to get a supermajority.
And the other part of it, as a conservative, I am extremely happy that the Democrats are doing this. The prospects are very strong that the Democrats are going to lose the Senate next year and there is an excellent chance of losing the White House. And the Democrats will absolutely rue the day because they not only are going to allow a Republican majority—which will come one day anyway—to get its nominees through, but Chuck Grassley has said that when Republicans come into you power, they’re going to include Supreme Court nominees, and that will be a devastating blow to the liberals on the Court and to the liberals in the country. So I don’t think Democrats will remember this day with any joy in the near future.