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The fact of the matter is that at any given time there are three different classes of sitting senators. The requirement of supermajority that is around two-thirds reflects that there is a qualitative difference between a group that doesn’t face reelection for another half decade and one that is likely in campaign mode. Thus, the supermajority is actually a simple majority among the classes of senators.

Also, while a threat of a filibuster might not lead to more deliberation among the members, it certainly signals to the public that something important might be at stake. At the very least it will cause journalist to report and/or editorialize on the issue.

With regard to judicial nominations, I know that there are some shenanigans but I would also expect an ideal process to look just about identical since the floor vote should be delayed until each senator has performed an independent investigation of the nominee.



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