Bench Memos

NRO’s home for judicial news and analysis.

About a Deal


Sean Rushton, for the good and tireless people at the Committee for Justice, keeps a stiff upper lip, but McCain & co. have already pulled the rug out from under his two points:

1. The leadership can press for up-or-down votes all it wants, but two nominees–Myers and Saad–will never get them, in this Congress anyway.
2. It’s futile to try to attach a principle to the agreed-upon language about “extraordinary circumstances,” since the people put in charge of what is “extraordinary” are the Democrats, who have already proven themselves perfectly unprincipled in this fight.

Now it only remains to be seen, as Jon Adler points out, to what extremes the Senate Democrats will go, and what interest in the Constitution the Republicans will show, when a Supreme Court nomination nears the floor.


Subscribe to National Review