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Bench Memos

NRO’s home for judicial news and analysis.

Is a Filibuster Possible?



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Based on Senator Dick Durbin’s remarks at Northwestern University today (reported here by James Lindgren), a filibuster may still be possible. According to Lindgren, Durbin would not rule it out, and said it would depend on whether 41 Democrats could hold together to prevent a vote on Alito’s confirmation. “If you don’t have the numbers, you don’t have the votes.” It’s “unclear whether we have 41 Members who are willing to stand up for that fight.”



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