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Bench Memos

NRO’s home for judicial news and analysis.

On the Nuclear Option: Go Ahead, Make My Day



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Well, that didn’t take long.  Before the ink could dry on Senator Reid’s announcement that he had filed cloture on the first of President Obama’s D.C. Circuit nominees, his liberal allies were laying groundwork for deployment of the so-called “nuclear option.”
 
Republicans shouldn’t take the bait.
 
President Obama and Senator Reid may genuinely wish to eliminate the practice of filibustering judges. I doubt it. If Democrats have one domestic-policy legacy that will reverberate for generations, it will be the practice of obstructing judicial nominees, which they invented and perfected. They will do whatever they have to do to preserve that option, so Senate Republicans should see this for the empty threat it is.
 
But, if they do decide to pull the trigger, I hope this is the Republican response.
 


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