Bench Memos

Filibuster Politics

The Wall Street Journal makes the case that another judicial filibuster is precisely what Republicans should be hoping for:

Anything is possible, but it’s hard to believe Democrats are nuts enough to launch a judicial filibuster in the middle of an election year with a GOP President so low in the polls. Talk about a get-out-the-vote gift for Republicans. Then again, no one ever got rich overestimating the intelligence of the political class. . . . . A filibuster fight would be exactly the sort of political battle Republicans need to energize conservative voters after their recent months of despond. Senator Schumer, make Bill Frist’s day.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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