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Bench Memos

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Owen Confirmation: What It Means about “Extraordinary” and “Ordinary” Circumstances



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The Owen confirmation has now firmly established that the predictable attacks from liberal pressure groups, Chuck Schumer, Ted Kennedy, and Harry Reid, asserting that President Bush’s judicial nominees are “extremists,” does not constitute an “extraordinary circumstance.” Rather, it is truly an “ordinary circumstance,” which we can expect to see more of, and which does not in any way justify a future filibuster under the 14 Senators’ “Memorandum of Understanding on Judicial Nominations.” I’ve issued a press release to that effect, at the Judicial Confirmation Network website.



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