there is always the danger hardball inspires escalations of hardball from the other side. i think in many respects we are well along that less than primrose path. i think it’s also a good reason to reserve threats like this for bigger quarry than cabinet nominations. 1/

but i do think it’s a bit more than Senate brain that gives it teeth. the public is usually oblivious to legislative procedure and the courts usually stay out of it, internal matters of coequal branches and all. 2/

but if a party “streamlined” procedure to the point that a minority party had no role — even in response to the minority party’s obstruction — that might provoke public outrage, especially if the event that provoked the obstruction was broadly unpopular. 3/

perhaps less likely (especially, for now, on behalf of Democrats), but rules that so minimized the role of the minority party that they do not meaningfully participate might be deemed offensive to representation and the constitutional order. 4/

escalations always have costs, including to the escalators. McConnell’s threat risked this kind of rule streamlining from the Democrats, sure. but that kind of streamlining also risks political blowback, judicial interference, and finding yourselves streamlined out at the next election. 5/

both would (and should) be hard choices, not inevitable consequences. /fin