Why Democrats Partially Nuked the Filibuster
Their next line of defense is the D.C. Circuit, the federal court that handles regulatory cases. If and when the Environmental Protection Agency issues regulations on existing power plants, the D.C. Circuit will rule on their legality. Republicans had announced their intention to block any Obama appointment at all to the courtÂ’s three vacant positions in order to protect their partyÂ’s functional majority. (The court is currently split evenly, but it sends its overflow caseload to retired judges, who are mostly Republican.) The D.C. Circuit is where Republicans had hoped to block those parts of ObamaÂ’s executive agenda they couldnÂ’t gum up by denying the agencies a functioning director.
Senate Democrats changed the rules because they felt burned by Republicans. In 2005, Senate Republicans threatened to carry out the same nuclear rules change, and Democrats backed down. One of the judges Democrats agreed to let through, Janice Rogers Brown, holds radical libertarian beliefs, and just struck down ObamaÂ’s birth-control-insurance mandate.
The double standard in which a Republican president can seat a Janice Rogers Brown and a Democratic president canÂ’t even seat moderates judges with bipartisan support like Patricia Millett became too galling for Democrats to stand.
Why Democrats Partially Nuked the Filibuster -- Daily Intelligencer