Bench Memos

Common Cause’s Convictions of Convenience

Back in 2005 Common Cause defended the filibuster of judicial nominees to ensure “vigorous debate” and preserve the Senate’s historic role in the judicial confirmation process.  Now, however, Common Cause complains that the use of filibusters against judicial nominees threatens to “cripple our federal judiciary.”  (Never mind that none of President Obama’s judicial nominees has actually been filibustered.”)  I have more on Volokh here.

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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