A Haynes Filibuster?

by Jonathan H. Adler

Will Senate Democrats seek to filibuster the Haynes nomination?  Senate Minority Leader certainly left open that possibility earlier today.  Here is an excerpt from Senator Reid’s media availability after a closed policy luncheon: 

QUESTION: Senator Reid, you mentioned earlier the nuclear option. Will there be a filibuster on William Haynes’ nomination?
REID: Well, today, with Haynes, we got interesting news. Twenty retired generals, Democrats, Republicans and independents, wrote a letter saying that Haynes is not fit to be on the bench. And I think that says it all.  We are going to do what we need to do to protect our country. We have been cooperative with the Republicans on judges. We’ve approved a lot of judges that were very, very borderline. But unless there’s some drastic change, I’m not going to override the views of 20 of our finest.
QUESTION: But will there be a filibuster?
REID: We’ll do whatever is necessary to protect the judiciary.

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