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 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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