via Obsidian Wings: Good Question. One of the likely scenarios for the nuclear option involves Vice President Cheney, in his capacity as President of the Senate, ruling that it is unconstitutional to filibuster judicial nominees....
"What is disappointing is that Cheney has, essentially, been allowed to maintain near perfect silence on the question of whether and why it is unconstitutional to filibuster judicial nominees. Nor, for reasons I hope I have demonstrated, is it enough to stop there? What constitutional conclusions has he reached on all these other questions? The failure of the press to push for answers on these questions is really disappointing -- inexcusable, in fact. It is also disappointing that the Democratic Senate caucus has not pressed him, or anyone, on these points in a sustained and public way...read on
