Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—April 10

The U.S. Supreme Court building in Washington, D.C. (Molly Riley/Reuters)

2017—Livid that Senate Democrats’ historically idiotic filibuster of Neil Gorsuch’s nomination has led Republicans to abolish the 60-vote cloture threshold for Supreme Court nominations, Democratic senator Ed Markey vows that Senate Democrats will restore the filibuster for Supreme Court nominations as soon as they regain control of the Senate. But after Senate Democrats do take control of the Senate in 2021, neither Markey nor Senate Democrats will make any such effort. Instead, Markey will launch an effort to pack the Supreme Court. 

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