Robert Novak previews what is set to be an ugly battle between Repubicans and Democrats over the judicial filibusters. This, I think, is a sleeper issue. I say that because not many people are paying attention. But, Republicans are fired up and independents are trending towards viewing Democrats as nasty. When the Republicans keep harping on the Democrats blocking black women from the federal judiciary, independents will take notice.
Now, a lot of people think otherwise. I do think people will notice, though, because it is such an unusual situation. People gave the Republicans control of the Senate and the Democrats are still able to block the President’s nominees. It is a lot easier to explain that point than to explain that you’re filibustering because the nominee believes Lochner was a great case.