Bench Memos

Another Delay

Could Senate Democrats be planning for another delay after Alito clears committee? At the close of that statement on the delay of the Alito vote in committee, Senator Leahy’s statement says, “once the nomination is debated and voted upon by the Committee, I expect floor consideration will begin in accordance with Senate rules and when the Republican leader, in consultation with the Democratic leader, chooses to proceed to the matter.” Does this mean Senate Democrats wil try to delay the vote some more if Senator Frist does not “consult” sufficiently with Senator Reid? It looks to me like they are leaving their options open.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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