Bench Memos

NRO’s home for judicial news and analysis.

Deal Rumor


Word on the street is that Sen. Salazar (D, Colo) has proposed a compromise whereby the Dems allow votes on all currently filibustered appellate nominees and agree to self-restraint except under extreme circumstances. (I agree with Adler: how do they define extreme? Chief Justice Scalia?) Regardless, I am not sure the Dems could keep their caucus together for a Supreme Court filibuster, and if they did it would probably cost them seats in 2006. In exchange, the GOP gives up the nuclear option in the 109th Congress and the filibuster goes back to being what it always has been: a mainly theoretical Sword of Damocles, as Stuart Taylor called it.


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