Sen. Charles Grassley, R-Iowa, said in a floor speech, “Our side will nominate and confirm lower court and Supreme Court nominees with 51 votes, regardless of whether the Democrats actually buy into this fanciful notion that they can demolish the filibuster on lower court nominees and still preserve it for Supreme Court nominees.”

Whelan notes that this whole debate started with the Democrats. Back in 2003 the Democrats were first to use the filibuster against Miguel Estrada, who at the time was a nominee for the DC Circuit Court of Appeals. Estrada was widely viewed as a potential nominee for the Supreme Court. He is now a lawyer at Gibson Dunn.

Carrie Severino, who heads the conservative Judicial Crisis Network, says it is fine with her if Reid uses the so-called “nuclear option” and notes that “Republicans should welcome the chance to put more Scalias and Thomases on the bench when they are in the White House.”