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Responding to John On The “Deal”


1.It breaks the Democratic logjam on circuit-court nominees.

It ensures the confirmation of 3 of the 10 original circuit court nominees targeted for filibusters, no more, no less.

2.It establishes the principle that conservative judges have every right to serve on the higher benches even if Democrats can’t stand it.

How so? A president has always left his imprint on the federal bench — whether it be conservative or liberal. This deal treats this president’s nominees like no other president in history.

3. And it means that if Republicans have to break the filibuster to ensure an up-or-down vote on a Supreme Court justice, they will have a very strong argument indeed. The argument will be that they are breaking the filibuster out of respect for the tradition that says the choices for the highest court must be advised and consented to by the full Senate.

I and others with far more influence in this process have made this argument since the first threatened filibuster. It will be no more or less persuasive as a result of this deal, in my view.


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