Bench Memos

No Nuclear After November?

The GOP threat to go “nuclear” over a Democratic filibuster of a judicial nominee has been dependent upon the significant Republican margin in the Senate.  Should the Democrats gain seats in November, as seems likely, the nuclear threat may disappear.  This is the fear of some conservatives, according to this Human Events report.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.