They are at it again. Repub­li­cans in the Senate are taking the unsup­port­able posi­tion that three existing D.C. Fed­eral Cir­cuit Court vacan­cies should not be filled. They claim that Pres­i­dent Obama wants to “pack” the court, FDR style. But their real con­cern is about the ide­o­log­ical direc­tion of the court, not its size.

Back home in Nevada, a frus­trated majority leader, Harry Reid, is yet again sug­gesting that he might employ the “nuclear option.” That’s the par­lia­men­tary sleight of hand that could allow the Democ­rats to ignore Senate rules and prece­dents, end the debate, and change the rules with a simple majority vote. Existing Senate rules say this requires 67 votes.

 

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