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Bench Memos

NRO’s home for judicial news and analysis.

The Next Supreme Court Vacancy



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On NRO today is my essay “The Next Supreme Court Vacancy:  There’s plenty of room to confirm another strong justice.”  Among other things, the essay discusses the long-established Senate practice of affording every Supreme Court nominee an up-or-down vote on the Senate floor and explores the lone exception to that practice over the past 130 years—the broadly bipartisan filibuster in 1968 of Abe Fortas’s nomination as Chief Justice.


Tags: Whelan


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