Bench Memos

Filibustering Owen?

Robert Novak reported over the weekend that

According to Senate sources, Democratic Leader Harry Reid has informed Majority Leader Bill Frist that Federal Appeals Court Judge Priscilla Owen will be filibustered if President Bush names her to replace Justice Sandra Day O’Connor on the Supreme Court.

Republican senators are divided on whether former Texas Supreme Court Justice Owen is vulnerable because she underwent a filibuster for the appellate seat and was confirmed under the compromise agreement. Frist is known to believe Owen can be confirmed in the face of a filibuster.

Republican Senate strategists believe Attorney General Alberto Gonzales is the only possible Bush nominee to replace O’Connor who would not face a filibuster.

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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