The Corner

The Judiciary Committee

In seeking to ensure a Judiciary Committee that is more friendly to President Bush’s nominees, I would argue conservatives should pay attention to the party balance on the committee.A 55-44 Senate majority is ample justification for shifting the committee balance from 10-9 to 11-8. If there is a contested nomination, this change could be more important than having a different Chairman. If Senator Specter were to vote against a nominee, that nominee would fail in committee no matter who is Chairman. Yet if the committee were 11-8, such a defection would not stop committee approval of a contested nominee.

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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