Bench Memos

Re: On the Nuclear Option: Go Ahead, Make My Day

The Wall Street Journal, on Democrat threats to invoke nuclear option over President Obama’s recent executive and judicial-branch nominees:

Democrats are threatening once again to use the “nuclear option” to end Senate filibusters and stop Republicans from defeating President Obama’s…nominees. Let’s see if Majority Leader-in-waiting Chuck Schumer and friends really have the nerve to open a door that every future Republican Supreme Court nominee can walk through. . . .

Go ahead and knock yourself out. If Democrats really want to set a precedent that all nominees can be confirmed by a simply majority, so be it. Democrats might be able to stack the D.C. Circuit, but the practice cuts both ways and it won’t stop with the appellate circuits.

When President Paul Ryan or Rand Paul nominates a property-rights originalist and Roe v. Wade opponent to replace Anthony Kennedy, it’ll only take 51 votes to put him on the bench for 30 years. Let’s see how much liberals at Planned Parenthood, Emily’s List and the National Organization for Women like that idea.

As my colleague Carrie Severino said, Republicans should respond to Senator Reid’s empty nuclear-option threats with this:

Most Popular

Film & TV

A Film for All Christians

‘The growing good of the world is partly dependent on unhistoric acts,” wrote George Eliot in Middlemarch, “and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.” The passage provides the title ... Read More
Film & TV

A Film for All Christians

‘The growing good of the world is partly dependent on unhistoric acts,” wrote George Eliot in Middlemarch, “and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.” The passage provides the title ... Read More
Law & the Courts

The FBI’s Corrupt Cops

White-collar criminals should hope for one thing this Christmas: that they get to live under the Horowitz rules. Michael Horowitz has testified that he found no evidence of political bias on the part of the decision makers who, under the Obama administration, relied on hilariously implausible “evidence” ... Read More
Law & the Courts

The FBI’s Corrupt Cops

White-collar criminals should hope for one thing this Christmas: that they get to live under the Horowitz rules. Michael Horowitz has testified that he found no evidence of political bias on the part of the decision makers who, under the Obama administration, relied on hilariously implausible “evidence” ... Read More
White House

The Horowitz Report and the Power of Inertia

The best thing I've read about the report is by Julian Sanchez. An excerpt: The heart of the Horowitz report deals with the Carter Page FISA application, and documents a progression that ought to sound familiar to anyone who’s studied the history of the intelligence community: An investigation begins with a ... Read More
White House

The Horowitz Report and the Power of Inertia

The best thing I've read about the report is by Julian Sanchez. An excerpt: The heart of the Horowitz report deals with the Carter Page FISA application, and documents a progression that ought to sound familiar to anyone who’s studied the history of the intelligence community: An investigation begins with a ... Read More