The Corner

Judicial Nomination Deal

The Washington Post reports on the deal Byron York broke yesterday here between the White House and Senate Democrats over judicial nominations. President Bush agreed not to make any more recess appointments to the federal bench between now and the end of his term in return for Senate Democrats’ agreement to allow approximately 25 largely non-controversial judicial nominations to go through. Of note, none of the high profile appellate nominees (Owen, Brown, Hynes, Myers, Kuhl, etc.) are included on the list of nominees to be approved, so the deal doesn’t end the judicial filibusters. Some Senate Republicans are trying to spin this as a victory — after all, more judges will get confirmed — but on the principle of whether judges can or should be filibustered over ideology, it seems like a defeat.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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