Republicans Unite Behind Judicial Impartiality

by Carrie Severino

A couple of weeks ago, Senator John Cornyn wrote an op-ed for FoxNews.com arguing that Republicans of all stripes should treat the ongoing battle over the D.C. Circuit as a unifying opportunity to challenge the Obama administration’s overreach. 

Thankfully, that is exactly what it has turned out to be. 

In the face of big threats from Senator Reid and his allies, Republican senators of all stripes voted to block the first of President Obama’s three politically motivated nominees to this important court. Only two Republicans voted for cloture, representing what might be the high-water mark for conservative strength in judicial-confirmation battles.

In recent decades, some of the most important battles in the war for limited government have been waged in the D.C. Circuit. I expect that trend to intensify as President Obama’s overreach is put to the constitutional test. What better way to insulate an agenda from judicial review than to pack the court, just as President Obama seeks to?

Conservatives owe Republican members of the U.S. Senate a round of applause for spotting the threat to the rule of law and taking action. Senators McConnell, Cornyn, and Grassley, in particular, deserve credit for keeping all the frogs in the wheelbarrow, at a time when Republicans are more inclined to scatter.

Bench Memos

NRO’s home for judicial news and analysis.