This morning I made a prediction:
If Scott Brown wins, and based on the latest polls, that seems like a pretty good shot, expect the Left to seek to amend Senate rules to eliminate the 60 vote majority in order to pass this huge bill. There may be more talk of constitutional moments. Or perhaps just talk of need to amend parliamentarian rules to enable the Democrats to effectively govern. No matter how you slice it, the Left will not let this health care reform fail. Especially at this late stage, when they are so close.
Well, good ‘ol Barney Frank didn’t even wait for the results to come in.
Frank said, among other quasi-intelligible comments, referring to the filibuster, “We have a serious constitutional problem.” Also, he said “There has been a de facto amendment to the Constitution.” Also, Frank said “God didn’t create the filibuster.”
I am expecting a post on Balkinzation about this any moment now.