It's the Filibuster that's Unconstitutional

Andrew McCarthy changes his mind on the constitutional question. It's an interesting read. What it boils down to is that the Senate can't make arbitrary rules that defy the constitution. Seems soundly reasoned to me.

Filibusters of judicial nominees have always been a bad idea. They are also an unconstitutional idea. I used to think otherwise, but I have not heard an argument that overcomes the structure of the constitution. No matter who is president, nominees deserve an up-or-down vote.