Bench Memos

No Surrender

The NYT found the judge deal “heartening,” but still defends resort to the filibuster. “While the idea of letting the majority rule is at the heart of much in American democracy, it has little to do with the Senate, where some members represent 10 times as many people as others. There is absolutely nothing unfair about allowing a minority that actually represents more American people to veto lifetime appointments of judges who are far outside the mainstream of American thinking.”

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.

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