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Bench Memos

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Bad Deal



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As Shannen notes, promising not to filibuster save for “extraordinary circumstances” is not much of a promise. Given that PFAW and the Alliance for Justice have already announced their intentions to demand filibusters of mainstream conservative nominees to the Supreme Court, even to replace Chief Justice Rehnquist, the proposed assurance is no assurance. Any deal that does not preclude the use of a filibuster for the Chief’s replacement (assuming he retires this year) is nothing short of unilateral disarmament.



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