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 and the director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
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