Bench Memos

Another Conservative Leader Weighs In Against Reviving the Judicial Filibuster

Conservative leaders who signed a recent memorandum urging the Senate not to revive the judicial filibuster next year can now count famed conservative radio host Mark Levin as an ally. If you’d like to hear him explain the reasons why, you can listen to the 11-minute segment from November 5, 2014, starting at approximately 82:38 into the show. Here’s how he introduces the issue:

There’s an issue that’s coming to the floor of the Senate. The nuclear option, as we call it (there are a number of [names]), that Harry Reid triggered, empowered 51 senators to approve judges and certain executive branch appointees. 51 senators.

Mitch McConnell wants to immediately disarm and put the filibuster rule back in place so that you have to get 60 votes to approve a judge.

This has been in place forever, and Harry Reid changed it, and there’s a big debate, particularly among conservatives on Capitol Hill in the Senate now about whether they should do it or not.

Later on:

Why is this relevant? Because it’s about to come up.

And it appears that Mitch McConnell and some conservative senators are persuaded to put that filibuster back in place for judges, even though they’re going to have a majority of Republicans. And they shouldn’t. That should be enough to block a radical Obama nominee. 

Listen to the whole thing here.

Jonathan Keim — Jonathan Keim is Counsel for the Judicial Crisis Network. A native of Peoria, Illinois, he is a graduate of Georgetown University Law Center and Princeton University, an experienced litigator, and ...

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