Linus Van Pelt wrote:You need 60 senators for cloture. Therefore this group of Deep South senators needs to number at least 41 to hold up a nomination by filibuster. I'm not sure exactly what "Deep South" refers to (at least MS, AL, GA, of course, but I'm not sure which others), but the South as a whole only has 32 senators, some of whom are Democrats.
I think the rule is good. A filibuster can only be used by a large minority (at least 41), and it costs political capital to use it. I think if a faction has enough support in this country to send 41 senators to Washington, and is willing to spend its political capital in this way, then let them filibuster.
I guess, simply put, I'd rather let 41 have the ability to block a nomination than give 51 the ability to put one through.
The one distinction I'd like to make is that a filibuster requires one or more senators willing to stick his neck out and continue debating/reading the phone book, and 40+ more who don't need to be actively or visibly involved, but will simply agree not to vote to cut off debate (this sometimes means almost everyone in that senator's party). That's why I referred to a small group of Deep South senators.
Aside from that, I agree with all of your points. I don't think ending the judicial filibuster is the disaster others do, but I think on balance the Cs outweight the NCs.