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:

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