Bench Memos

NRO’s home for judicial news and analysis.

The Filibuster


My comment related to filibustering judicial nominees, but I am not persuaded that even the legislative filibuster is a great tool for limiting government. I can think of numerous examples where the opposite would be true, such as a minority blocking tax cuts or the elimination of programs. So far, I’ve not seen the evidence but am certainly willing to consider it. And it seems to me it is for those who argue the benefit of the filibuster, and its value to conservatives, to explain why it’s such a benefit when it has never been triggered. If there have never been enough conservative senators in the Senate to use it against judicial nominees, or if there have never been enough conservative senators who think it should be used to block judicial nominees, then what’s the benefit? Which is my point.


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