Washington Examiner chief political correspondent Byron York warned that an unstable Senate could enable a Democratic takeover, possibly leading to efforts to eliminate the filibuster.
“The combination of retirements, age, infirmity, death in the case of Senator Graham, has just really, really taken out a lot of important Republican senators,” York said on the Hugh Hewitt Show Tuesday.
Sen. Lindsey Graham (R-SC) died on Saturday after a “brief and sudden illness,” leaving the balance of power in the Senate uncertain.
York said that Republicans want to hang on to the Senate, but with an unstable future, Democrats could seize the opportunity.
It’s “pretty much a certainty that Democrats, if they get the chance, will kill the legislative filibuster,” York said.
Killing the filibuster would eliminate the 60-vote threshold to end debate on most legislation, allowing bills to pass with a simple majority – 50 votes plus the vice president’s tiebreaking vote, if needed.
“I think it sets off a really, really bad series of events,” York said.
He argued that Democrats starting this process could mean Republicans will do the same when they regain the Senate.
York also said he thinks Democrats will nominate a candidate in 2028 who is in favor of expanding the Supreme Court. It could set a precedent where each party adds more justices whenever it gains power, leading to an ever-growing court.
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“I think it’s going to be very hard to win a Democratic nomination in that process, in that primary process, without pledging to change the Supreme Court,” York said.
There are currently nine justices on the Supreme Court. However, that number is not required by the Constitution. Congress sets the size of the court. Expanding the court also could indicate undermining its independence.