The Filibuster as a Tool

Mark comments that “if the filibuster is such an important conservative tool, it’s remarkable that conservatives have never used it to block activist judicial nominees.” But this would only be “remarkable” if a) there were enough conservatives (as opposed to Republicans) in the Senate to filibuster a judicial nominee and b) if conservatives thought it was ever advisable to filibuster a judicial nominee. One could well believe, as I do, that the filibuster is an important tool for slowing or blocking unwise legislation, but it is nonetheless always inappropriate when used to block confirmation of judicial or executive branch nominees.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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