By Kelly McCutchen
Be careful when you set a new precedent, because your decision could come back to haunt you.
Senate Democrats executed the first partisan filibuster of a U.S. Supreme Court nominee in our nation’s history this week. In response, Senate Republicans are expected to vote to change Senate rules to allow confirmation by a simple majority vote – the “nuclear option” – instead of the current 60-vote majority rule.
Republicans cite precedent to justify their actions. Democrats changed Senate rules in 2013, ditching the 60-vote rule to allow a simple majority vote on Cabinet nominees and lower-court judges. The Wall Street Journal
cites a floor speech by Sen. Elizabeth Warren (D-Mass.) on Nov. 13, 2013, where she called…