Bench Memos

No Momentum for Reinstating Judicial Filibuster

Senate sources are being remarkably tight-lipped about yesterday’s meeting of Senate Republicans to discuss the terrible idea of reinstating the judicial filibuster, but early accounts from Roll Call and The Hill strongly indicate that there is nowhere near the consensus that would be needed to take that step. Instead, it appears that there is greater support for just leaving things as they are or even seeking to amend the Standing Rules to incorporate the abolition of the judicial filibuster. (I’m fine on the latter alternative but doubt that it is doable.)


Let’s hope that Senate Republicans will now direct their attention to more important matters.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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