The Corner

Law & the Courts

‘The Drama in the Senate Over the Filibuster Is Mostly Fake’

That’s my argument at Bloomberg View today. An excerpt:

Filibusters of Supreme Court nominations have been attempted extremely rarely and have not played a significant role in shaping the court. The Senate is changing the rules so that they never will play one.

No majority party in the modern era — an era in which the Supreme Court has assumed an outsized power to make policy and the political branches are therefore obsessed with it — was going to tolerate letting a minority block its nominees.

I go on to discuss the political bet both parties are making.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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