Senate Democrats will now play similar hardball, which will likely cause McConnell to get rid of the filibuster for Supreme Court justices just as Harry Reid did for lower-court nominees when Democrats controlled the Senate.
If the Senate GOP collectively gets some testicular fortitude, the INSTANT that the DEMS show the use of filibuster against one nomination, the Reid tactic of suspending the filibuster for lower-court nominees should be reinstitution and then:
- split the 9th circuit into 2 or 3 court districts
- grow the number of US Attorney offices from 94 to 120
- remove the filibuster for appointment of US Attorneys
- fill every single open slot with a conservative judge in the entire federal system
- use the enumerated power for congress to appoint an ad-hoc tribunal, inferior to the supreme court, to act as a grand jury, to consider cases involving senior officers of the US government for corruption and other federal felonies. Specifically allow the Sergent at Arms for the House to refer cases to the court and upon doing so, a special prosecutor shall be appointed by SCOTUS from those existing or former Federal prosecutors. Further, Congress shall then convene said tribunal by appointing three current sitting federal court justices by majority vote from each chamber. The proceedings of the tribunal shall be in secret during proceedings, and if enough evidence of misconduct is found, shall be referred to the US District court for prosecution. (essentially creating a prosecution / grand jury path outside of the control of the DOJ)
I doubt it will happen but one can dream