The debate in Washington over who’s to blame for the slow pace in filling judicial vacancies (or whether the pace is even slow to begin with) reflects an assumption that is shared by both sides: that the Senate should generally defer to the President in the confirmation process.
Look behind every major legislative success the U.S. Senate has had in recent years and you will find a small group of senators who negotiated quietly in private. Working under the supervision of party leaders, these groups are tasked by the collective, explicitly or implicitly, with resolving difficult issues, writing legislation, and helping to structure the process by which the Senate considers important bills.
They resemble scrums in rugby. They are highly competitive, also decisive (eventually), and also opaque to anyone outside of them—which happens to be most everybody.
Regardless of where people are on the political spectrum, many Americans—in fact most—believe that something is gravely wrong with the political system today. According to a recent report from Pew Research Center, 55 percent of Americans are frustrated with the federal government. Similarly, popular trust in government is near historic lows. The Pew survey found that only 16 percent of Americans trust the government to do the right thing “most of the time.” A paltry 4 percent of respondents reported trusting the government to do the right thing “just about always.”
The Senate is broken, but eliminating the filibuster is only likely to exacerbate the underlying causes of the institution’s dysfunction.
This is not the conventional wisdom, of course, which maintains that it’s excessive minority obstruction that makes the Senate unable to pass important legislation. Proponents of this view point to the gridlock that results from the filibuster. And behind it they see ideological and partisan polarization, geographic sorting of the electorate, and the prevalence of special interest money in campaigns.