Re: McCain, Filibusters & Gang of 14

One of the arguments in defense of the Gang of 14 deal made by the Whites, and McCain himself, is that the deal preserved the filibuster for judicial appointments.  This is a terrible argument.  When Senate Democrats began to obstruct judicial nominees with a filibuster, Senate Republicans and many conservatives argued (correctly in my view) that judicial nominees should receive an up or down vote on the floor of the Senate, and that the filibuster of judicial nominations is unprecedented, unwise, and extra-constitutional. McCain’s defense of the Gang of 14 undercuts this position.

Jonathan H. Adler — Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law & Regulation at the Case Western Reserve University School of ...