Also look for President Obama to argue, with respect to his Supreme Court nominee, that the Senate’s unanimous or lopsided vote for that person for a lower-court seat (along with nice things senators said at that time) somehow prevents the Senate from taking a very different view of the Supreme Court nomination. To take one of many counterexamples, please note that Robert H. Bork was confirmed to the D.C. Circuit by a unanimous-consent voice vote.
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About the Author
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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