Frist, Byrd and the Filibuster

While Bill Frist has threatened the 'nuclear option' that would ban judicial filibusters if the Democrats filibuster Alito's confirmation vote, Senator Byrd (D-WV) has promised to shut the Senate down if Frist carries through on his threat. This is what should happen. The Senate's role on judicial nominees is to 'advise and consult' and that includes the possibility of a filibuster my a minority (60 votes are needed to end debate). The filibuster is a parliamentary technique used by both parties in fights over judicial nominees. To abolish it would be to corrode democracy by removing a check for the minority party in judicial appointments. And hopefully, other Democrats will join Byrd if the Republicans try to abolish the right to minority dissent within the Senate.