In his interview last night on Hardball, former Senate Majority Leader Trent Lott (R-MS) advanced the Frist theory of constitutional law:
If the Democrats had not overplayed their hand, if they would have stopped with Miguel Estrada or maybe one or two more — but when it got to be a routine sort of thing, I thought that was putting in place a change in the rules that basically was not supported by history or by the Constitution. I was very much offended by that.
Unfortunately for both Frist and Lott, the constitution doesn’t work this way. Judicial filibusters are either constitutional or unconstitutional. Their continued attempts to put the constitutionality of the filibuster on a sliding scale reveals that the push for the nuclear option is about power, not principle.