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Bench Memos

NRO’s home for judicial news and analysis.

Politics vs. Law



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I agree entirely with Matt, Andy, and Ramesh that the anti-cloture reform agreement is a political rather than legal document. But politics and law are not so easily separated in a political culture that continues to value the rule of law. My limited objective in construing the legal meaning of the agreement has been to refute legal interpretations of that document that would unduly constrain Republican signatories from later deeming themselves released from their promise not to pursue cloture reform. If a wrong legal understanding of the agreement becomes accepted, the political challenge will become all the more difficult.



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