Sen. Jeff Merkley is hysterical. After the Senate voted to end the judicial filibuster for Supreme Court nominees, the Oregon Democrat tweeted that “the deed is done,” and complained that “Mitch McConnell just put a knife into the heart of our We the People republic.”
It was dramatic and romantic statement. But in light of his past positions, it was also pathological. Before Merkley was for the filibuster, the progressive was very much against it.
Flashback to when Democrats went nuclear to end the filibuster on lower court nominees. Merkley didn’t just watch Harry Reid bury a hatchet in the skull of the Senate procedure. He helped him do it, cheering the Democratic majority leader “for your leadership.”
Later other Democrats such as Delaware Senator Chris Coons would show remorse for that decision. But Merkley never did. Even President Trump’s victory couldn’t melt the ice in his veins. Asked by CNN if invoking the nuclear option in 2013 was a mistake, Merkley responded, “I have absolutely no regret.”
And for a while, there was honestly something admirable in that answer. It showed that Merkley maintained the courage of his convictions regardless of political circumstance. He made a career out of the issue, was considered the champion of filibuster reform, and wasn’t going to change his position.
Even after Reid went nuclear the first time, Merkley wanted more. He wanted to dramatically change filibuster rules for legislation. “The American people want this institution to function,” Merkley said in a solo 2013 press conference. “They want to see it take on the big issues. They don’t want to see the entire calendar of the year eaten up by paralyzing process on nominations.”
Some found that idea extreme but none could argue it wasn’t consistent. But then something snapped when Trump announced his Supreme Court nominee. With Judge Gorsuch on the docket and the filibuster on the chopping block, Merkley had a change of heart and did the unthinkable.
Last night the marquee enemy of the institution launched what the New York Times described as “the filibuster before the filibuster.” With a manic energy, Merkley spoke for 15 hours desperately trying to defend what he once wanted to destroy. In the end, it was all for naught.
Early Thursday afternoon, Republicans dealt the blow to the filibuster that Merkley had dreamed about. His conversion was too late to stop it. But the Oregon progressive shouldn’t be treated too harshly. He must be wracked with guilt.
Merkley spent years sharpening the knife. I guess he just never thought he’d hand it over to McConnell’s Republicans.
Philip Wegmann is a commentary writer for the Washington Examiner.
