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.

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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.

It is being reported today that Harry Reid is demanding major Senate procedural concessions from minority Republicans designed to ensure simple majority passage of highly controversial legislation traditionally vulnerable to being blocked or delayed by the filibuster.

The Hill reports:

A coalition of liberal groups met at the headquarters of the National Education Association (NEA) shortly after Obama won reelection to set strategy for advancing his second-term agenda. One of the primary goals emerging from the meeting was enacting filibuster reform. …

[Senate Majority Leader Harry] Reid has begun to show signs of impatience with Senate Republican Leader Mitch McConnell (Ky.), with whom he has been negotiating for weeks. He said Tuesday that he and McConnell have made progress, but added, “[W]e’ve got a long way to go.”

The Nevada Democrat said he would give Republicans another 24 to 36 hours to agree to filibuster reform and then trigger the so-called nuclear option. This controversial tactic would allow him to change the Senate rules with a simple majority vote.

“I hope within the next 24 to 36 hours we can get something we agree on. If not, we’re going to move forward on what I think needs to be done. The caucus will support me on that,” Reid told reporters.

Although its use has been threatened in the past to spur the minority party to agree to reforms, the nuclear option has never been used to change the standing rules, say parliamentary experts.

Reid has come under heavy pressure from liberal advocacy groups to drastically limit the minority party’s power to filibuster and delay legislation.

This is the same Harry Reid who, in 2005, back when Republicans had a majority in the Senate and democrats were using the filibuster to block confirmation of nominations (like John Bolton for UN Ambassador) that they didn’t like, and Republicans threatened to change the Senate rules, accused Republicans excessive partisanship and of bending to “the whispered wishes of a few right wing activists,” and desperately demanded the preservation of the filibuster as an affirmation of bipartisanship.

If Reid uses the nuclear option, he is going to be very sorry in 2014 or 2016 when majority control of the Senate returns to Republicans.

After the monster is finally dispatched in the dramatic climax of the conventional exemplar of Hollywood’s scary movie genre, when the nerves of the mass audience begin to relax, pulse rates slowdown, and theater-goers are expecting the final credits to arrive any moment on the screen, it has become traditional for directors to have a little fun by confounding expectations, setting aside all considerations of plausibility, and having the recently slain monster come right back to life and attack (and be dispatched) all over again.

One of the most impressive riffs on this by-now only too familiar trope is performed by Jon Voight, playing a murderous hunter in Anaconda (1997). Voight’s Paul Sarone comes a cropper, winding up in the coils of the giant anaconda. He is squeezed until his bones audibly break, and then ingested while the audience gets a view right down the alimentary passage of the giant reptile. We think we’ve seen the last of the heartless and relentless Sarone, but no, moments later, the snake regurgitates the villain, all covered with digestive juices, who –in one of trash cinema’s moments of genius, proceeds to wink at a truly horrified Jennifer Lopez.

2:14 (Spanish-subtitled) video

It appears that, in the same unappetizing style of curtain call made well known by Jon Voight, the health care bill may be coming back.

New York Times:

President Obama will put forward comprehensive health care legislation intended to bridge differences between Senate and House Democrats ahead of a summit meeting with Republicans next week, senior administration officials and Congressional aides said Thursday.

Democratic officials said the president’s proposal was being written so that it could be attached to a budget bill as a way of averting a Republican filibuster in the Senate. The procedure, known as budget reconciliation, would let Democrats advance the bill with a simple majority rather than a 60-vote supermajority.

Congressional Democrats, however, have not yet seen the proposal or signed on.

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I don’t agree one bit with Ezra Klein‘s claim of the public option being popular in the country, but here you see what the democrat party left is telling itself as it winks (from its current moribund position) at a horrified American voting public.

What you’re seeing here are the weird politics of the public option at play. It’s popular in the country. It’s wildly popular among the base. It’s the subject of obsessive interest in the media. There is little downside to supporting it publicly, huge downside to opposing it, and no one is allowed to ignore the issue, or even take a few days to see where the votes are.

But it’s divisive on the Hill. Bringing it back energizes all the narratives that Democrats fear most: That they’re cutting secret deals without Republicans in the room, that they’re building an extremist bill, that health-care reform is a government takeover. And this is all happening without 60 votes in the Senate or even certainty of simple majorities in the Congress. Democrats have spent the last month in a state of agonized confusion, and just as matters were clarifying, now this battle threatens to start up again.

No one I’ve spoken to — even when they support the public option — thinks that its reemergence is good news for health-care reform. It won’t be present in the package that the White House will unveil Monday. Everyone seems to be hoping this bubble will be short-lived.

But it might not be. The media is talking about it, liberals are organizing around it, none of the major actors feels politically capable of playing executioner, and Joe Lieberman and Ben Nelson don’t have the power to do the job on their own. As of now, the strategy only has 20 or so supporters, and it’ll need at least another 20 or 25 to really be viable. But if it gets there, White House and Senate leadership are going to have some hard calls to make.

So, there you are. The democrat party base sees no downside, in ramming through a health care bill opposed by 58% of the American public via an unprecedented ultra-partisan maneuver around the conventional rules and procedures of the United States Senate.

It remains to be seen whether the parliamentarian of the Senate will permit the de facto elimination of the filibuster, and it is probably not altogether certain that Reid can muster even the 51 votes he would need to take that ultra-radical step.

If the democrats have the hubris to do all this, well, we will see just how well they like being in the minority in a Republican-controlled Senate with no filibuster. The first thing we should do is to repeal Obamacare, and kill the monster of socialism permanently and for the last time.