Confirmation is bad, but really, nothing matters. Everything is just words on paper, even really excellent documents like the Constitution. What really matters is who is in power when. All the rules, good rules bad rules.... can be broken at will.

So, while right now we have a lot of games going on inside the confines of our over-complicated legal system, both sides trying to game the system to their advantage. But never forget that it's still just a set of rules, and rules can be set aside when it's needed.

So, when someone says "Ah, the rules say it's over" nothing is ever over. The fight just changes shape.