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Bench Memos

NRO’s home for judicial news and analysis.

Learning to Live with the Bomb



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As the Democrats’ political prospects improve, the “nuclear” threat may lose some of its potency.  With a smaller margin in the Senate, it will be more difficult for Republicans to confirm controversial nominees before the 2008 election season enters full swing.  Moreover, some Democrats may be sufficiently optimistic about control of the Senate and the White House after 2008 that they are willing to endure a brief period of Republican control without the filibuster.  This is all why some Democratic attorneys are saying “Bring it on.”



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