RUSH: Every judge from this day forward that wins confirmation with less than 60 votes as a result of the nuclear option should never receive a Republican vote to be elevated to a higher court. So if Judge Slobodnik gets nominated to the eighth circuit court as a circuit judge, and he gets confirmed on 54 votes, then he’s dead in the water. If another president wants to elevate him to an appellate court somewhere, he doesn’t get a single Republican vote. In other words, stigmatize. Stigmatize every judge and every Obama appointee who wins confirmation with less than 60 votes and basically say, “You know what? These guys aren’t really nominees. They only won nomination by virtue of a rules change that was unfair and unjust,” and just stigmatize ’em.
Now, I’m telling you what I would do. I don’t expect the Republicans to do this, either. And why would we? I mean, this is a Republican Party that gave up its majority in order to show fairness. Remember good old Jim Jeffords and Trent Lott? The Republicans literally gave up a one-vote majority in the spirit of fairness. Look what it bought ’em. It never buys them anything, except conservative media commentators think they’re very elegant and mature. But aside from that, it doesn’t gain them a thing. Republicans ought to refuse to vote at all for any nominee who was first rejected under the 60 vote advise and consent rule and later advanced by this unconstitutional simple majority rule. Those nominees should be advanced with Democrat votes only, and the stigma should follow them during their entire career.
If any judge gets appointed and confirmed with less than 60 vetoes he should never, ever get another Republican vote for anything. I would stigmatize everybody that ends up being appointed and confirmed — judge, cabinet secretary, whatever. I would stigmatize ’em, scarlet letter, illegitimate. They got confirmed only because the rules were changed. I would make that a message. I’d stigmatize them. I’m tired of being stigmatized as a conservative, frankly, and I think it’s time to turn the tables. Stigmatize these people who’ve made it because of illegitimate rules changes. Stigmatize these people who otherwise would not have made it.